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Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... appreciate the order of the appellate Court affording the plaintiffs an opportunity for making a prayer for cancellation of the impugned kabala upon payment of ad valorem court fees. 8. The most relevant provision of law in this behalf can be found in section 39 of the Specific Relief Act which...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….......nd Ashrafuz Sultan after their purchase has filed a suit in 1979 for release of the property in suit from the list of the vested property and as Kashem All was the tadbirkar of that suit the original documents were with him. His further plea was that the suit was barred by limitation and that the su..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....missioner or Magistrate or Upazila (now thana) Nirbahi Officer, nominated by the Deputy Commissioner shall be the Chairman of such Committee. 8. Evidently, under the said regulation, so far as the relevant Ad-hoc Committee of the School in question is concerned, the Deputy Commissioner (responden......eadmaster. Respondent No. 5 by an office order dated 28-1-96 directed one Mr. KM Kabir Ahmed, Magistrate 1st Class, Dhaka to unlock the room of the Headmaster and to hand over the registers and other papers of the School to its Assistant Headmaster, Mr. Monirul Hoque (writ-petitioner) by preparing a......al 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 petition is d...... 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
....tained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni Multilateral High School, established in 1957 within P...... 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.
......te 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 others………...... 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)
....and disposal of the same according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6......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 ......ppellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419......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
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....93 which arose out of the judgment and decree dated 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land m......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip......he sister’s daughter of Md. Ismail. She asserted that her kabala dated 13 May, 1984 was a genuine one. 4. At the trial the plaintiff examined as many as 3 witnesses and proved several documents in support of her claim. The defendant did not examine any witness nor did she produce an..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....he deed, but this presumption is rebuttable. Source of consideration money though an important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed questi...... 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 ......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h......26 IA 38 the Privy Council laid stress on the factum of possession of the property and the collection of rents. Incidentally, it may be mentioned that in a disputed case of benami, custody of the documents is a relevant factor to be considered.” 14. The Supreme Court of India..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....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 ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. ......ivisional Magistrate or the Officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed i..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....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 ......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......o defendant No. 4 for eviction of the plaintiff from the suit property. 4. The plaintiff examined 5 witnesses including himself while the contesting defendant examined 3 witnesses. Several documents were also proved by the parties in support of their respective cases. 5. The tria..Category: Property Law | Date: | Hits: 72
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....udgment and order dated 30-6-96 discharged the Rule. The accused-petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. The material facts relevant for disposal of this petition are that, added respondent No. 9 Mosharraf Hossain Darji lod...... 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 ......ry 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 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....rder, 1986 (Chief Martial Law Administrator’s Order No. VIII of 1986) was passed by which all conditions imposed upon any provision of the Constitution revived earlier were removed. The relevant provision of the said Order reads thus: “2. Final revival of th......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 ...... Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ......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
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....er to the question raised in this appeal, the correctness or otherwise of the decision, 14 BLD (HCD) 488, is directly in issue and, so to say, the only issue which is required to be answered. The relevant provisions of the laws which came up for interpretation in that decision may be usefully q......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 ......; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 ......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
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... the Special Martial Law Court as the (Sessions Judge) was not a successor court within, the meaning of section 349A of the Code Criminal Procedure. In support of his submission he referred to the relevant provisions of the Martial Regulations. 13. It is not disputed that the Chief ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....er and Auditor General returned the appeal saying that the respondent having been removed from service for criminal conviction, there was no provision of appeal. The respondent asserted that at the relevant time he was a Class I Officer and the President was his appointing authority and, as such,...... 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 ...... 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 ……………………&...... 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)
....he exhaustive judgment prepared by Mustafa Kamal, J. I had to go through all these judgments and have no option now but to write few lines to justify my participation. 2. Facts of the case and the relevant decisions have been noticed fully in the main judgment. I shall therefore avoid repetition.......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. ......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2......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)
....llate Tribunal acted illegally in setting aside the Judgement of the Administrative Tribunal. 8. Evidently his point was raised before the appellate Tribunal which after perusing the relevant office file held that the Hon’ble President himself under the own hand had passed th......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. ......sh Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Judgment ......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)
.... sale deed, which was to be executed after obtaining permission from the then Dhaka Improvement Trust (briefly DIT) now RAJUK defendant No.3, procuring an income tax clearance certificate from the relevant authority and liquidating all other liabilities in respect of the suit property. On differ......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. ......il) 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 Vs. ......ajira nor took any step. The trial Court then fixed January 4, 1988 for ex parte hearing of the suit. On that date the suit was taken up for hearing. After examining the plaintiff and marking some documents as exhibits, it was decreed ex parte. 5. On March 6, 1988 the appellants filed t..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ioner- respondent No.1 reversing the Judgment and order dated 30-5-91 passed by the Administrative Tribunal Dhaka in dismissing Administrative Tribunal Case No. 129 of 1987. 2. The relevant facts are respondent No. 1 AKM Yusuf Mia, an Upper Division Assistant of the office of the...... another show cause notice with the identical charge, as noted earlier and he again denied the charge. 5. It was also alleged that he was not given the opportunity to examine relevant papers and record and cross examine the witnesses and that respondent No.6 most illegally submitted...... 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, Dhaka………………&hellip...... Government servant; 17. The Administrative Tribunal upon a detailed consideration of the materials placed before it by both the parties and on perusal of the relevant documents on record held that the second proceeding had been drawn against respondent No.1 under ne..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....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. ......adesh to the effect that he had not executed any bainapatra or deed of sale in favour of defendant No.3 and that the said defendant had abducted him and obtained his signatures upon blank sheets of papers under coercion and torture. The learned Judges also noticed from a report dated 11 March 19......Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents Judgme......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
.... within the meaning of section 17 of the Ordinance and those were detected by an Enquiry Committee formed by the SEC under Section 21 of the Ordinance to enquire into the matter. In the reports filed relevant portions of the findings of the Enquiry Committee were quoted in respect of the petitioners......as such. The authority letter which was on record was found to be dated 1-4-97 and the report/complaint was filed on 2-4-97. It is found from the Sessions Judge’s judgment that on behalf of the SEC papers were produced to show that in the 28th Board meeting of the SEC held on 2-4-97 at 9-00 AM und...... J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Shinepukur Holdings Ltd. & others…………………………………………….Petitioners
Beximco Pharmaceuticals Ltd. and others……………………………………...Petitioners
AKM Shamsuddin …………â......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
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