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

....e months’ notice to which he was entitled under the terms of his service. 3. The plaintiff thereupon brought a suit, Title Suit No.697 of 1985, in the Third Court of Subordinate Judge, Dhaka praying for a declaration that the termination of his services was illegal and without lawful......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen......ellant [In Civil Appeal No. 18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others…………………&helli...... 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)

....ip;…..Respondent Judgment July 9, 1996. Cases Referred To- A. Hannan vs. Collector of Customs and others 40 DLR 273 and the same case on appeal, 42 DLR (AD) 167; Dhaka Warehouse Ltd. and others vs. Assistant Collector of Customs II BLD (AD) 227; 40 DLR 273; 42......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……………………………&......dhury J Collector of Customs, Chittagong and Others………………………………………..Petitioners Vs. Ahmed Hossain and 39 Others…………………&helli...... 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

Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)

....J Delwar Hossain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another……………………&helli......sain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another……………………………&......din Sarker J Delwar Hossain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another…………………&he......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..

Category: Property Law | Date: | Hits: 65

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

....h Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No. 342, PS Sabujbagh, District Dhaka as per sanctioned plan of the former Dhaka Improvement Trust dated 22-5-80 (renewed 7-6-83) o...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. ......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)

....me and setting aside those of the High Court Division dated, 10 November, passed in Civil Revision No. 324 of 1988 and dismissing Title Suit No. 147 of 1984 of the 3rd Court of the Subordinate Judge, Dhaka. 2. The facts of the aforesaid Title Suit No.147 of 1984 leading to the appeal to this Div......lso Reported in: 48 DLR (AD) (1996) 178.......Division (Civil) 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 ......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)

....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………………………… Appellant (In ......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......ces Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………………… Appellant (In all the Appeals) Vs. Nasrin Banu and 5 others……………………&......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)

....structed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1996. (From the judgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335 of 1995). Judgment ATM Afzal CJ.- This appeal by leave b......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......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdur Rahim @ Md. Abdur Rahim.................... Complainant-Appellant Vs. State.......................................................... Respondent Jugement Au......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

Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)

.... Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 71 of 1990. (From the judgment and order dated March 6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 1985). Judgment       A...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants Vs. Habibunnessa and others&hel......man J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants Vs. Habibunnessa and others……………………&h......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..

Category: Property Law | Date: | Hits: 70

Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)

.... - For the Appellants. Not Represented — Respondent Nos. 2-24. Civil Appeal No. 94 of 1993. (From the Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). Judgment       Latifu......ivision Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajudd...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others…………………......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

Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)

....g aside the ex parte decree respondent No.1 moved the High Court Division in revision and obtained a Rule in Civil Revision No. 166 of 1989 (Jessore), renumbered as Civil Revision No. 3778 of 1991 (Dhaka). 7. A learned Single Judge of the High Court Division by the impugned judgment and or...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Wazed Ali Sardar (Md)……… …………… Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..

Category: Procedural Law | Date: | Hits: 133

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

....in 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 of 1991). Judgment:       Md. Ismail......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 ......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)

.... Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 190 of 1996. (From the Judgment and order dated 18.1.96 passed by the High Court Division, Dhaka in Civil Revision No. 989 of 1993). Judgment:      &nbs...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others…………&helli......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

ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)

....7, 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) 72. Pingle Venkata Rama Reddy vs. Kakaria Buchanna and others. AIR 1963 Andhra Pradesh (FB)......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......ent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J ADC (Revenue), Pabna.....................Appellant Vs. Md. Abdul Halim Mia…………………….. Re......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

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (Dhaka), 611 of 1988 (Rangpur). Judgment &nbs......mdash;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 ......llip;………………………………………………………Plaintiff-Appellant Vs. Md. Arifur Rahman @ Badsha Chairman………………&hell......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)

....ted. 26.6.94 passed by a Single 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 t......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......man J Mohammad Abdur Rouf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment ......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

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

....e Respondent No.1. Not represented Respondent Nos. 2 and 3. Civil Appeal No. 31 of 1995. (From the Judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of 1994). Judgment:      ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......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

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......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......urt Division Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: T......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..

Category: Family Law | Date: | Hits: 198

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

....90 and Criminal Appeal No.1013 of 1990.) Judgment ATM Afzal J.- These four appeals by the State following leave are from orders of acquittal passed by a Single Judge of the High Court Division, Dhaka in the impugned judgment dated 29 October, 1991 upon allowing the respective appeals of the re......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) ......urt Appellate Division (Criminal) 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......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. ..

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

Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....ot represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 1994). Judgment:      Latifur Rahman ......ellip;………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………………..Respon......p;……………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ………………&hel......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ..

Category: Administrative Law | Date: | Hits: 107

AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)

.... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizan......d Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizanur Rahman.………………….Respondent......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..

Category: Administrative Law | Date: | Hits: 122