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Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The pe...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ....... on-Record — For the Petitioner. Syed Badrul Alam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
....
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and othe...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......sed Non-Government High School under the Board of Intermediate and Secondary Education, Rajshahi. Respondent Nos. 1-9 as teachers and respondent Nos. 10-11 as daphtaries of the said school moved the aforesaid writ petition. Their case is that the school was completely damaged in 1980 due to flood. I...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 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 House Building Finance Corporation ………………&hell......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ...... Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District Judge, Tangail under article 27 of the Bangladesh House Building Finance Cor......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....the operation of section 95 got registered kabalas attended with unregistered agreement so that the transaction would not be considered as complete usufructuary mortgage. This court in the case of Bangladesh vs. Abdul Gani, 32 DLR (AD) 233 pointed out with reference to the background of the legi......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....ent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others .................foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ...... Petitioner. Abdus Samad, Advocate, instructed by Md, Nawab Ali, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 p......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....aised the level of the low land. In March 1964 defendant No. 1 without executing and registering the sale deed in terms of the aforesaid agreement migrated to India. Although he came back to Bangladesh in 1972 and 1973 he failed to fulfill his obligation regarding transfer of the suit lan......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......8 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defen......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-secti...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......e (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....emoved. The relevant provision of the said Order reads thus: “2. Final revival of the Constitution.- All provisions of the Constitution of the People’s Republic of Bangladesh, which have not already been revived, are hereby revived; and all modifications made in......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......f CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
.... Rouf J Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent&n......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ...... Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No. 509 of 1995. Judgment: Md......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....……………….. (b) he shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in Bangladesh. (2) any person, who contravenes any of the conditions of service as stated in su......20. In yet another case cited by Mr. Karim, we do not see for what purpose, AISSE Assocn, vs. Defence Minister-cum-Chairman, BOG, SS Secy., AIR 1989 (SC) 88 question arose whether the Sainik School Society, the overall control of which vests in the governmental authority, is ‘State’ w......ice of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chairman of the said Union Parishad which took place on 6-2-1992 and the appellan......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……&helli...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......0 of 1992 setting aside the judgment and order passed by the Administrative Tribunal, Dhaka on 21-3-92 in Administrative Tribunal Case No. 126 of 1987. The respondent filed the case before the Administrative Tribunal against an order of his removal from service passed by the Comptro...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....a Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. â......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....alendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Jud......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ...... defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8) Lawyers Involved......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants V......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. .......5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dh......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......did not join at Rangpur on taking various pleas. He worked at Dhaka Office up to 21-8-79 and then stood released on 22-8-79 with effect from 23-8-79 from Dhaka Office. Thereafter he went on leave for some time but ultimately did not join at Rangpur Office. He, however, unsuccessfully challenged......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....was just and convenient to appoint a Receiver in respect thereof. In coming to this conclusion the learned Judges noticed that Shibajee Prasad had sworn an affidavit through the High Commission of Bangladesh to the effect that he had not executed any bainapatra or deed of sale in favour of defen......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......awab Ali, Advocate-on-Record — For the Respondent No. 1. (In both the petitions). Not represented — Respondent Nos. 2 and 3 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 183 and 184 of 1998. Judgment ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Krishi Bank………………………&hell......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
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