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Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....of possession after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. After filing the suit on 20.10.90 the plaintiff filed an application for tem......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....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 ......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
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....was no recent evidence of rape. Mr. Touhidur Rahman, Member, Managing Board, Bangladesh Red Crescent Society, Rail Road, Jessore in his report to the Chairman of the Society, contained in Annexure-B, stated that the appellant also filed a petition to the Secretary, Ministry of Social Welfare and Wom......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
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....s are basically the same giving rise to the aforesaid legal dispute. The writ-petitioner in Writ Petition No.3232 of 1991 out of which Civil Petition for Leave to Appeal No. 461 of 1994 has arisen stated, inter alia, that as a group leader of sister concerns he opened a letter of credit dated 10...... 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)
.... 1996, which are (for obvious reasons) barred by 1073 days each, Applications for condonation of the said delay have been filed. In the circumstances of the case, the delay is condoned. The concise statements filed by the writ-petitioner-respondents in Civil Appeal Nos.76 and 77 of 1993 have bee......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
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....try is entrusted with “Formulation of policy. on regulation of services and determination of their terms and conditions (policy on re-employment...)”, (Item No.1). In the summary it is stated that 1007-strong personnel have been decided to be taken in a Cabinet meeting with the purpo......red in law in holding that the recommendation of the Ministry of Establishment is binding upon the Taxes Appellate Tribunal and that its newspaper advertisement is unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can b..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....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. ......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
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....f 1986 on 28-6-93, which in turn set aside the judgment and order of the Munsif, Bakerganj in Miscellaneous Case No. 226 of 1984, disallowing an application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. The pre-emptor-respondent filed the case c......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)
....etary, Ministry of Home Affairs, alleging the appellant entered into service showing that he passed BA Examination, but, in fact, he did not pass the BA Examination. The appellant submitted written statement on February 4, 1986 denying do allegations and stating that he did not himself write his......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
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....t of repair are added to this sum, the total repair costs would not exceed US $ 2,25,00,000.00 and hence there could not be any constructive total loss of the vessel. In paragraph 21 of the written statement, the claim for unrepaired damage was rejected in the following terms: ...... 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)
....successive applications within 3 years. 9. Although the respondent-decree-holder has entered appearance we could not allow his learned Advocate-on-Record to make any submission as no concise statement has been filed by the respondent. 10. As already observed the decree-holder obtain......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
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....al No.981 of 1990, respondent Md. Shahidul Haque preferred Criminal Appeal No.1007 of 1990 and Mahmood Abdullah Sarder preferred Criminal Appeal No.1013 of 1990 to the High Court Division. As already stated, a learned Single Judge of the High Court Division, by the impugned judgment and order dated ......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
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....the Kabala in question on February 19, 1980 in favour of a stranger purchaser Munshi Abdus Sattar. The pre-emptee Munshi Abdus Sattar contested the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....hers whereupon the Magistrate took cognizance and issued process. The accused-petitioner is on bail and it may be presumed that he has already appeared in obedience to the process although no clear statement has been made in this petition. 3. No one appeared for the petitioner before the ......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... shall be heard by a Division Bench (in this Chapter called “The Appellate Court”) consisting of two or more Judges as the Chief Justice may determine.” 17. It may be stated that the Original Side Rules were framed by the Calcutta High Court in exercise of powers co......register of share-holders. Appellant No. 1 being elder brother reposed faith in deceased Tofayel Ahmed, the company being a family concern and appellant No. 1 was always kept in the dark about the affairs of the company. On 16-11-86 deceased Tofayel Ahmed obtained signatures of the appellants up..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....lic Instruction) Absorption Rules, 1981 published in the Gazette by notification No. SRO 93-L/81 dated 25 March, 1981 (Annexure B to the writ petition) on the ground of discrimination. Respondent stated in his writ petition, inter alia, that having obtained a second class in MA in Economics he ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....ejected on 30-6-90. Thereafter he instituted this case on 29-12-90. 4. The Secretary, Ministry of Foreign Affairs, contested the application before the Administrative Tribunal by filing a written statement denying therein all the material allegations made in the application and contending, inter......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
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
.... understand the applicability of section 23 of the Contract Act in this case, it will be necessary to go through the material averments made in the plaint by the plaintiff- appellant. The plaintiff stated in the plaint that the two kabalas executed and registered on 12-4-76 and 6-10-76 in favour ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....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. ......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
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....omplaint under sections 499/500/501/of the Penal Code on 16.4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General Manager of Bangladesh Shilpa Rin Sangstha. He took......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60