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Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....review of relevant authorities, a Constitution Bench of the Indian Supreme Court held in LR Khurana vs. Union of India. AIR 1971 (SC) 2111 that a person, paid from the defence estimates, could not claim protection under Article 311 of the Indian Constitution. After referring to the decision it w......8209;General of Family Planning on 23 April 1976 with the rank and status of a Joint Secretary. By order dated 26 July 1983 of the Ministry of Defence, the Government gave approval to the proposal for the appellant's compulsory retirement from the Military Service under section 16 and rule 12 of......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....on. 12. It was absolutely under compulsion that the appellant had to file the subsequent Title Suit No.23 of 1992 against defendant No.5 of Title Suit No.4 15 of 1984 and the subsequent purchasers claiming specific performance of contract and recovery of possession from them. The subsequent suit ......ked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (app...... by executing a bainapatra on that date and receiving Taka 50,000.00 as advance. The agreement was that the vendors would execute and register deeds of sale on receipt of the balance of consideration money by different deeds either in favour of the appellant or in favour of his nominees who are resp..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......to outrage her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the who......87 the respondent came to Jessore and met the appellant at her house and by inducement he enticed her away from her house at Jessore to Khulna on the promise to marry her. He advised her to take cash money and ornaments and accordingly she took ornaments worth Taka 18,000.00 and a cash of Taka 6,000..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....64 (SC) 1348. 14. Section 23 (I) of the Small Cause Court Act, however, provides that “Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof of a title to immovable property or ......of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenancy at a rental of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of ren......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
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....e alleged that the order of termination was malafide not being done by the corporation itself but at the instance of the Deputy Chief Martial Law Administrator. 4. The defendant resisted the claim and pleaded that the corporation decided to terminate the service of the plaintiff in public......assed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for declaration. 2. In the year 1970, plaintiff Rakibuddin Ahmed was appointed Public Relati...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... of entry were presented under section 30 of the Act and not as per SRO in force on the date of opening of the respective letters of credit for importing the said merchandise. The writ-petitioners claimed that they had a right to be assessed as per SRO in force on the date of the opening of the ......7, 469, 471, 474, 477, 483, 488, 493, 500/94). Not Represented — For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 p...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....expression and freedom of the press as including the right to print and publish note-books generally is not and cannot be disputed. But the question, he submitted, is: Can the publisher-respondents claim that right in respect of the text-books published by, or under the authority of, the School T......no appeal was filed on behalf of the Government as required under Order XII rules 2 and 3 of the Rules of this Division, 1988. The learned Attorney-General, the impugned judgment shows, also prayed for stay of the operation of the said judgment pending securing of stay order from this Division a......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
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....granted. 4. The learned District Judge found that the testator Shashi Kanta Sarker died leaving behind his son Subodh Ranjan Sarker and in presence of the testator’s son the petitioner could not claim any interest in the property left by Shashi Kanta Sarker and disallowed the application of the......Involved: Miah Abdul Gafur, Advocate-on-Record For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent No. 4. Respondent Nos. 1-3 and 5—Not represented Civil Petition for Leave to Appeal No. 367 of 1993 Judgment Latifur Rahman J.- Petitioner filed Revocation C......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 ..Category: Others | Date: | Hits: 99
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....lf is a vindication of the submission of the learned Additional Attorney General that the High Court Division has travelled beyond the scope of enquiry of the Rules Nisi issued by it. 10. By claiming to be “surplus public servants” within the meaning of the Ordinance the writ p......irections. 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....der dated 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......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 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 1959 from the 2nd Court of Munsif, Pabna. He instituted OC Execution Case No. 3 of 1962 which was dismissed for default on 2.5.63. Four other Execution Cases, namely, OC Execution Case Nos. 9/62, 3/63, 5/66 ......the structures standing on the suit plot in the name of his wife. Ameda Khatun with effect from 3.12.65. When the appellant issued notice upon Ameda Khatun directing her to deposit the arrear lease money the decree-holder, his son and wife collusively filed the present Execution case. 5. T..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....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 ......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......as a settlement between the defendant and Jahanara Bewa in pursuance of which the defendant had paid Taka 1080.00 to her pending withdrawal of 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..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....oing to and coming from the back staircase of the building and that after serving notice upon the defendant under section 106 of the Transfer of Property Act, on 16.6.84 terminated the tenancy and claimed eviction of the defendant along with the recovery of arrear rents of Taka 4,860.00. ...... 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......arise; that the defendant on 22.4.89 by filing an additional written statement disclosed that the aforesaid amount was adjusted upto the month of December 1988 and then there was balance of advance money of Tab 70.00 with the plaintiffs and the defendant sent the rent through money order and afte..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....nt of the plaint under Order VI rule 17 of the Code of Civil Procedure on 27-12-1984 on the ground that the respondents were licensees who were permitted to live therein but they have falsely claimed the entire vacant land in the northern portion of R.S. Plot No. 2136 and they have made ce......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...... 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
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ivorced the appellant, that the suit was not barred by limitation, that it was maintainable and that the appellant was entitled to the decree prayed for with modification in the amount of maintenance claimed. 6. Relying upon section 278 of Mulla’s Principles of Mohammadan Law (18th Edition) and......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......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 years 1 & 1/2 m..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......alias Mohammad Shahidul Hoque and Mahmood Abdullah Sarder of Criminal Appeals Nos. 17 and 18 of 1992 are Sub-Assistant Engineer and Assistant Engineer respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in...... the pumps if they were found not according to specification and the respondent was agreeable to take them back and that there was no criminality in the transaction. The contract is still subsisting, money still remaining due to him and there cannot be any prosecution under the provisions of section..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....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. ......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...... her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some lands of suit from the heirs of Begumjan. He tendered the “mortgage money with interest to the said defendants and demanded redemption toward the end of Chaitra, 1384 B..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1991). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ is part of......llant offered rent for the month of January 1986 between the 2nd and 4th but the respondent refused to accept the same. The appellant sent the rent for the month of January 1986 on 6.1.1986 by postal money order which came back undelivered on 10.1.1986 whereupon the appellant deposited the rent for ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....n) became the Managing Director of the company. On behalf of the company, respondent No. 1, her minor son and on her behalf she filed an affidavit-in-opposition denying the appellants’ claim and stating that the appellants on 16-11-86 verbally agreed to transfer their shares an......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......I and J were disbelieved on mere surmise and not on the evidence on record. He also submits that the learned Company Judge did not deal with Ext. 3, a written statement filed by the appellants in a money suit in which they clearly acknowledged on 10-6-87 that they resigned from the directorship o..Category: Business or Commercial Law | Date: | Hits: 118
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt Ministry as it had no good reasons for reconsideration of his case and respondent No. 1 was informed accordingly; that it is absolutely wrong to say that his case was rejected on 30-6-90; that the claim of respondent No. 1 was time-barred and the Administrative Tribunal could neither have admitte...... 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€......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
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