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

....Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. Lawyers Involv...... 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 ...... 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,...... 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

Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)

....rs and parties interested in the vessel MV Global Trader as defendant No. 3 stating that it imported 14,400 metric tons of cement by opening letter of credit through defendant No. 7 Al Baraka Bank (Bangladesh) Limited favouring defendant No.6 which is the Hongkong supplier of cement. Defendant N......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 Cas......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 228

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

.... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman 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 Secret......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. ...... 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 ......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

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

....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......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)......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..

Category: Criminal Law | Date: | Hits: 76

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

.... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh an......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 ......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......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

AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)

....CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......r Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: The petition is di......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..

Category: Election Law | Date: | Hits: 133

Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

....      August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Adv......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 ......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment      August 6, 1996. Resul......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 ..

Category: Criminal Law | Date: | Hits: 85

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

.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shipping Corporation ……………………&hel...... 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 ......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen...... 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)

....167; Dhaka Warehouse Ltd. and others vs. Assistant Collector of Customs II BLD (AD) 227; 40 DLR 273; 42 DLR (AD) 167; Trade Channel vs. Collector of Customs (1992) 12 BLD) (HCD) 5; Abul Kashem vs. Bangladesh 47 DLR 57; Md. Brothers vs. Collector of Customs 48 DLR (AD) 58. Lawyers Involved...... 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 ......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……………………………&...... 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)

....ly dismissed. ......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. ......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of......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

Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)

.... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..

Category: Business or Commercial Law | Date: | Hits: 136

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

.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Judgment January 30, 1995. R......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......lso Reported in: 48 DLR (AD) (1996) 178.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...

Category: Property Law | Date: | Hits: 80

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

....ublic servant whose post is abolished by the Government for the purpose of administrative re-organisation or who, being a servant of the erstwhile Government of Pakistan, joined the Government of Bangladesh on repatriation or escaping or defecting from Pakistan or any other public servant th......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 ......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......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

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

....August 8, 1996 Cases Referred to- Mohammad Ali vs. State, 35 DLR (AD) (1983) 324; 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. Baharudd......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......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......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..

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

Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)

.... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Jahangir Kabir (Md)............................ Appellant vs. Bangladesh, represented by The Secretary, Ministry of Home Affair……Respondents ......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 ......e Appellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 ......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

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

....rred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrapara in favour of the school. The school was registered with the Directorate of Secondary & Higher Education Government of Bangladesh on 25-1-83. Subsequently for the convenience of the students and in the public interest ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..

Category: Property Law | Date: | Hits: 63

Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

....ecreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability company of Bangladesh, purchased the vessel MV Bengal Pride for US $ 2.5995 million, (we were told by the lear...... 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 ......oy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another……………………………&...... 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)

....pellant Vs. Md. Abdul Halim Mia…………………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abd......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 ......hellip;…………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo. 27 DLR (Dhaka......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 ..

Category: Civil Law | Date: | Hits: 133

Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)

....nt thereto the plaintiff left for the United States of America on 3.12.92 for higher studies and after successful completion of his studies he returned home on May 31, 1994. During his absence from Bangladesh defendant No.1 together with her minor child were staying at the residence of her paren......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..

Category: Family Law | Date: | Hits: 162

State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)

....nder papers he also submitted catalogue of EMU pump. In his letter dated 12-10-87 (Ext. 20) for extension of time for supplying the pumps, it was stated that as the said pumps are not manufactured in Bangladesh and as it takes time to procure them and as arrangement was already made to bring them, f......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. ......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) ......als of the respondents filed against the orders of their conviction and sentence. 2. Respondent Md. Iqbal Hossain alias Iqbal Hossain of Criminal Appeal No.15 of 1992 is the proprietor of M Iqbal Engineering Works. 69/1 Narinda Road, Sutrapur, Dhaka. Respondents Mohammad All and Abdul Matin Mia ..

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