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Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....nbsp;     Latifur Rahman J     Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara ......p; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum……………………&hellip......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..

Category: Property Law | Date: | Hits: 72

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....purpose of counting his seniority in the post of Inspector of Taxes, 2. The appellant joined the Presidents Secretariat in Islamabad on 29-9-70 as an Upper Division Assistant. On return to Bangladesh hews taken in the Ministry of Foreign Affairs in the same post carrying a scale of pay o...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others……………&h......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....i PS Case No. 10(10) 96 (OR Case No. 2923 of 1996). The case started on an FIR filed on 2-10-96 by AFM Mohitul Islam, receptionist- cum-resident PA at the Dhanmondi residence of the then President of Bangladesh, Bangabandhu Sheikh Mujibur Rahman on the fateful night of 14 August, 1975 and related to......upreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner  Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..

Category: Criminal Law | Date: | Hits: 115

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

....lso known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another………&h...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..

Category: Criminal Law | Date: | Hits: 98

Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)

.... Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Respondents Judgment November 4th, 1996. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangla......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Resp......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..

Category: Administrative Law | Date: | Hits: 131

Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent Judgment April 8th, 1996......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..

Category: Administrative Law | Date: | Hits: 112

Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)

....and were lodged in a hotel. Thereafter accused-petitioner No. 1 fled away and the Thai Police arrested the affected persons who were put in jail. On being released from jail they somehow came back to Bangladesh, but their money was not refunded. The allegation prima facie attracts the mischief of th......nal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Noor Jahan Begum and another…………………………..Petitioners Vs. State, being represented by the Deputy Commissioner and another ……..Respondents Judg......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..

Category: Criminal Law | Date: | Hits: 149

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……&helli......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, M......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..

Category: Criminal Law | Date: | Hits: 99

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......ision (Civil) Present: ATM Afzal CJ 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 Jud...... 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. ...... 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

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... 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. ...... 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. ...... 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...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Appellant Vs. Jahan Ara Akhtar & others …………………Res......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 ......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 ......Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………….. Appellants Vs. Lutfe Ali Chowdhury and others………………… R...... 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 ..

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......atifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents ......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 ......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 ................. Present: 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 ......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...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli......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 ......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

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 ...... Latifur Rahman J Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …&...... 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 ...... 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...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant  Vs. Assistant Commissioner (Land) and Others……………&helli......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 ......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 ......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 ......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......sp;              Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ......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 ......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......le’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………….Appellant Vs. Abdul Latif Chokder ……………………&he...... 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 ...... 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