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Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....of the appellant on 25-5-91 and undertook the work of survey. On 27-5-91 the surveyors took from the total stock of 5309 master cartons of shrimps and prawns 10 samples at random and sent it to the Deputy Director, Quality Control and Fish Inspection Department of the Government for Laboratory te......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&......velopment Board. 17. According to the defence of the respondent as set up in the written statement, the failure of power supply was caused by cyclone that affected the area on 18-5-91. The General condition No. 7(d) DOS policy clearly stipulates that defendant No. 1 not liable for loss o..

Category: Business or Commercial Law | Date: | Hits: 147

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....the sentence of fine…………………….(5) Lawyers Involved: Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......er section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period alread......fine…………………….(5) Lawyers Involved: Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal ..

Category: Anti-Corruption Laws | Date: | Hits: 71

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... to establish the extent of their ownership in due process of law, if not already determined. …………………(9) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate- on- Record — For the ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………….Respondents Judgment July......e extent of their ownership in due process of law, if not already determined. …………………(9) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate- on- Record — For the Petitioner. ..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Universal Pharmaceutical Ltd. and another…………………………….......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..

Category: Intellectual Property Law | Date: | Hits: 242

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....83 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath of Office (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred only when the Deputy Commissioner fixes a date of taking oath within 30 days of Gazette Notification of the result......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..

Category: Election Law | Date: | Hits: 110

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....SA record fraudulently got his name recorded in a portion of suit land. The secretary of the plaintiff’s Bank instituted against the wrong recording proceeding No. 196 of 1981 before the Additional Deputy Commissioner (Revenue), who upon hearing the parties by order dated 24-2-82 deleted the name ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahajadpur Central Co-operative Bank Ltd……………….……………….Appellant Vs. Majibur Rahman and others………………….Respondents Judgment November 17, 1997. Result: The ap......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..

Category: Property Law | Date: | Hits: 83

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

....n the demand and for the convenience of the local people and upon a proposal rent by the local Chairman of the Union Parishad, recommended by the Thana Nirbahi Officer, the District Registrar and the Deputy Commissioner, Feni, a separate nikah registration area, comprising of said Ainjadhat Union wa......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment November ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..

Category: Employment/Service Law | Date: | Hits: 137

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ...... Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not contemplated under article 50, ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....e considered as a custom in recognising a person as the Chief of the Bohmong Circle. In the absence of any provision in the Chittagong Hill Tracts Regulation, 1990 or in the Rules made thereunder the Deputy Commissioner of the concerned Hill Tracts recommends the name or names of male member or memb......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......mal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. Result: The ......st 14th Chief on the ground of seniority. Respondent No. 1 is a time-server who originally belonged to the Awami League, thereafter changed the party affiliation and joined BNP and contested the 1991 General Election as a BNP candidate. Finally, he has switched over to Awami League since 5-6-96. ..

Category: Civil Law | Date: | Hits: 203

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....�the Respondents. Civil Petition for Leave to Appeal No. 688 of 1996. Judgment Md. Abdur Rouf J.- This petition for leave to appeal by Bangladesh, defendant-petitioner represented by the Deputy Commissioner Barisal, is from the judgment and order 19-8-1996 passed by a learned Single Jud......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......M Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: T......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..

Category: Property Law | Date: | Hits: 73

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....TM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. R......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..

Category: Employment/Service Law | Date: | Hits: 115

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....58 of 1990 and 3 of 1991. 2. It arises in the following circumstances. A departmental proceeding was started against respondent No.1 AM Monsur Ahmed by his authority when he held the position of Deputy Assistant Director of the Department of Fire Service and Civil Defence under Rules 3(b) and 3...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......�…………….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond......y retirement. The tribunals below had no reason to take further lenient view of imposing the penalty and reducing the punishment………(8) Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record—For the Appellant. Abdur Ro..

Category: Administrative Law | Date: | Hits: 145

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………�......ent and prejudice of those children. 21. It may not sound an aphorism to say that lea proceeding like this it is not the rights of the parties but the rights of the child, which are at issue. The General Assembly of the United Nations adopted and proclaimed on 20 November 1959 the Declaration of..

Category: Family Law | Date: | Hits: 250

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....been issued under the proviso to Article 133. These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N....... State of Bihar, (1994) 1 SCC 150; Indian Airlines Corporation vs. Captain KC Shukla (1993) 1 SCC 17; Santosh Kumar vs. Union of India, AIR 1987 (SC) 386. Lawyers Involved: K S Nabi, Attorney-General, A W Bhuiyan, Additional Attorney-General with him instructed by Sharifuddin Chaklader, Advo..

Category: Constitutional Law | Date: | Hits: 185

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the Petitione......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The peti...... was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Repr..

Category: Procedural Law | Date: | Hits: 120

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....ent that the unutilized land, if not required, may be released in favour of the original owners. In view of this instruction of the Government, the petitioners made a representation on 30-3-89 to the Deputy Commissioner, Chittagong for return of their land as the same has not been used for the purpo......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..

Category: Property Law | Date: | Hits: 81

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

.... without jurisdiction and void ab initio…….(10) Lawyers Involved: HR Sharif Advocate, instructed by Md Sajjadul Huq, Advocate-on-Record— For the Appellant. Khademul Islam Chowdhury, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Responde......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………......ction and void ab initio…….(10) Lawyers Involved: HR Sharif Advocate, instructed by Md Sajjadul Huq, Advocate-on-Record— For the Appellant. Khademul Islam Chowdhury, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Kh..

Category: Procedural Law | Date: | Hits: 138

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....ructed by Sharifuddin Chaklader, Advocate -on-Record— For the Appellant. Abdur Rab Chowdhury, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record — For Respondent No.1. B Hossain Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2.......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..

Category: Civil Law | Date: | Hits: 162

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