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Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....a clear violation of the Constitutional mandate by the learned Judges of the High Court Division, Is it not a violation of the oath of office of a Judge to protect and preserve the Constitution of Bangladesh? The learned Judges of the High Court Division in their erudition and wisdom discovered ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondent......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......t case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....the Judgment of the Review Petition Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....f this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 1839 has been repeated in Bangladesh by the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973). Neverthel...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 199......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......tainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..

Category: Business or Commercial Law | Date: | Hits: 128

Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......sion (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Kalu Mondal ..............Appellant Vs. Begum Fazilatun Nessa..............Respondent Naushad Ali .... Appellant V......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......) (1994) 53 ..

Category: Property Law | Date: | Hits: 79

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....emporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Di...... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak and others................Respondents Judgment ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....orted in: 46 DLR (AD) (1994) 46. ...... Shahabuddin Ahmed CJ ­MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Respondents Judgment October 28, 1993....... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..

Category: Employment/Service Law | Date: | Hits: 126

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

....ported in: 46 DLR (AD) (1994) 43.......also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....(AD) (1994) 39 ...... Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Rep......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the P......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ...... This case is also reported in: 46 DLR (AD) (1994) 37   ..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

.... is also Reported in: 46 DLR (AD) (1994) 19. ......ts (In Civil Appeal No. 63 of 1992) SM Abdul Bari and another .... .........Appellants (In Civil Appeal No. 76 of 1992) Md. Shahidul Alam ……….Appellant (In Civil Appeal No. 77 of 1992) Vs. Md. Azizur Rahman and Others……Respondents (In Civil Appeal No. 44 & 76 of 1992) Md......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ...... Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J. Amjad Molla................................Appellant           Vs. Syeduzzaman Molla and others …………… Respondents ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......d in: 46 DLR (AD) (1994) 17   ..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Momtazuddin and another………….Defendant-Appellants Vs. Yakub Ali .......................Plaintiff-Respondent Judgment May 27, 1993 Resul......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ...... respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)

....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ......ourt Appellate Division (Civil) Present: M H Rahman J ATM Afzal J Mustafa Kamal J. Hosne Ara Begum.............................Petitioner Vs. Chairman, Court of Settlement and another …………..Respondents ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ......tioner is from the judgment and order of the High Court Division discharging the Rule Nisi, in Writ Petition No. 1677 of 1988. 2. Claiming that the house property at 2/11 Block 'A', Sir Syed Ahmed Road, PS Mohammad­pur, Dhaka was the subject matter of an agreement of sale or 7.1.71 bet..

Category: Property Law | Date: | Hits: 77

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

.... (Civil) Present:  Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Ma......hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Mannan............ Respondent  (In Civil Appeal No. 42 of 1992)......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

........Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....mbers of her family including the sons and were residing there. In that state of the matter the trial Court was of the view that impleading of the defendant Nos. 37 and 38 showing their address in Bangladesh was not genuine since plaintiff himself averred that Karuna Moyee Dasi with her children......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment M......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)

....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ppellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Selim (Md) and others........................Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents Judgment ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... benefit of section 14 of the Limitation Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nadera Rahman, 37 DLR (AD) 184; Sakina Khatoon vs. Ibrahim Ahmed Khan, 2 MLR (AD) 330. Lawyers Involved: Akram Hossain Amin, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 68

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents Judgment ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......rt in allowing the Petition and passing the Judgment and order. There is no merit in a leave Petition and it is dismissed………(12) Case Referred to- Syed Al Nesar Ahmed MD, United Food Complex Ltd. vs. Nafisa Choudhury and others 53 DLR (AD) 83. Lawyers ..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....ellip;……………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. The Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committ......vil) Present : Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Anwar Hossain………………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ....... Sub Divisional Magistrate and another AIR 1965 Madhya Pradesh 18; Dhaka Warehouse Ltd and another vs. Assistant Collector of Customs and others 1991 BLD (AD) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; Mujibor Rahman (Md) vs. Government of Bangladesh and others 44 DL..

Category: Civil Law | Date: | Hits: 103