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Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....is Case is also Reported in: 40 DLR (AD) (1988) 154. ...... M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 198......issed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......ahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 1987. T..

Category: Election Law | Date: | Hits: 118

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......umar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..

Category: Criminal Law | Date: | Hits: 80

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm......fore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..

Category: Civil Law | Date: | Hits: 113

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

................................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defe......dhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987.......appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......�………(7) Cases Referred to- 32 DLR 187, Mondodari vs. Kshitendra S.A. No. 2256 of 1931. Lawyers Involved: S. R. Pal, Senior Advocate, (Ranadhir Sen, Advocate with him) instructed by Md. Shamsul Huq Siddique, Advocate-on-Record. — For the Appellant. Khondker Mahbubuddin Ahmed, ..

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

.... Government of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. ......reme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Resu...... will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......1889) 14 App. Case 631 (636). Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant. Rafique-ul-Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respon..

Category: Immigration and Citizenship Law | Date: | Hits: 214

M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)

....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......88) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ers Involved: Moksadul Hakim, Senior Advocate, instructed by N.H. Khondker, Advocate-on-Record. - For the Appellants. Rafiqul Huq, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Altaf Hossain, Advocate-on-Record. - For the Respondent. S. A. No. 132 of 1983. Judgment..

Category: Tenancy Law | Date: | Hits: 112

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....of the petitioner it is contended that extension of time in this case is not applicable and the instant case was not pending on 8.8.83 when the Ordinance No. XXXVII of 1983 was published in the Bangladesh Gazette. It is further contended that sub-section (4) of section 339 C is applicable ......) (1988) 99 ......to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ng the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B.Hossain, Advocate-on-Record.-For the Appellant. Md. Aftab Hossain, Advocate-on-Record- For the Respondent Criminal Appeal No. 35 of 1985. From..

Category: Criminal Law | Date: | Hits: 60

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....88) 89 ......l) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J M/s Binning & Co.(Bangladesh) Ltd………………….Appellant Vs. M/s Nasirabad Properties Ltd…………………………..Respondent Judgment Februa......be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......tion to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction…………(13) Cases Referred to- Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33..

Category: Tenancy Law | Date: | Hits: 109

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....This Case is also Reported in: 40 DLR (AD) (1988) 86 ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M.Afzal J Bangladesh and others ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd ......the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..

Category: Property Law | Date: | Hits: 39

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment J...... no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......llate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment July 7, 1..

Category: Property Law | Date: | Hits: 118

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

....vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mozher Sawdagar ................Appellant vs. M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents Judgment August 24, 1987. Wor...... vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16) Cases Referred to- M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 ......t on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ......LD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628. Lawyers Involved: Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record. - For the Appellant. S.R.Pal, Senior Advocate, (Roushan Al..

Category: Business or Commercial Law | Date: | Hits: 95

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....man J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment August 25th 1987. The General ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Rep...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......�…..(14 & 15) Cases Referred to- Shahbaz vs. Crown P.L.D. 1956 (F.C.) 46, Lt. Col. G. L. Bhattacharya V. The State and 2 others P.L.D. 1964 (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 40..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

....rker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(AD) 234 and Mot......) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respondent Judgement Aug. 3 1987. ...... on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..

Category: Labour and Industrial Law | Date: | Hits: 122

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin J M.H. Rahman J Tajabunnessa and others ...........................Appellants (In both the appeals.) Vs. Mrs. Nazma Begum and others.................. Respondents (In both appeals.) Judgment J......o order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

............................Appellants Vs. Asim Kumar Bose and others ........................................Respondents Judgment April 10, 1984. Result: The appeal is allowed. The Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No.29 of 1972), article 2 (1). The ......Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Rahima Akhter and others..............................................Appellants Vs. Asim Kumar Bose and others ........................................Respondents Judgment ......l be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ...... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

....n ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability o...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result......er as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......ported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..

Category: Election Law | Date: | Hits: 132

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......habuddin Ahmed J M.H. Rahman J A.T. M. Afzal J Moulana Mokhtar Ahmed……………………………Appellant Vs. Mohammadul Huq Usmani & others………………Respond......eal is accordingly, dismissed without any order as to cost. Ed. ......hellip;……Respondents Judgment March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Senior Ad..

Category: Election Law | Date: | Hits: 110

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......J Mst. Maleka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.……………………&he......ll, however, be no order as to costs. Ed. ......;…Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Adv..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....o prove his assertion that at the time of the execution of the deed of gift Surendra's sons, the executants, were residing in an enemy country. In this regard reliance is placed on Abul Khair Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whethe......sion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents ......no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....appeal Schedules of 1960, 1969 and 1981 will be refer red to in this judgment. Schedule I of 1969 was brought in by East Pakistan Ordinance No. I of 1969 and the Schedule 1 of 1981 was brought in by (Bangladesh) Finance Act—Act XI of 1981. It may be noted here that though rates of fees as specifie......late Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sonali Bank, Local Office, Dhaka ………………….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Jud......d valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......Appellant. Miah Abdul Gafur, Advocate-on-Record-For the Respondent No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4�..

Category: Procedural Law | Date: | Hits: 124

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