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State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....mps for which it floated an International tender notice on 9-2-87 which was participated by (1) Iqbal Engineering 102 Works, (2) Milners Pumps Limited, (3) Mohd. Bashir & Co.(Pvt.) Ltd. and (4) Associated Engineers and Drillers Ltd. The quotation given by M Iqbal Engineering Works of Taka 36 lak......the facts of the case, illustration (h) has no application. 28. It was specifically alleged in the charge that respondent Iqbal Hossain was required to supply 4 new EMU pump sets under the tender called but he had supplied 4 old pump sets by making improvisation and thereby committed cheating. T...... Mahmood Abdullah Sarder of Criminal Appeals Nos. 17 and 18 of 1992 are Sub-Assistant Engineer and Assistant Engineer respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in Special Case No 17 of 1989. It w......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begumjan her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some lands of suit from the heirs of Begumjan. He tendered the “mortgage money with i......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......t-Schedule 2 land. Defendant No.1 purchased the auctioned land from Abdul Hakim in 1969. The contesting defendant also pleaded improvement of the plaint Schedule 1 land for Taka 30,000.00. 4. The trial Court and the first appellate Court concurrently dismissed the suit on the common finding that...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: ..Category: Property Law | Date: | Hits: 63
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
.... 33 of 1986 affirming those passed by the Assistant Judge, Shailakupa rejecting an application for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The predecessor of the petitioners late Abdus Samad Biswas filed an application for pre-emption of the land of......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......d the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-emptee also examined two......m & others …………………………………………..Petitioners Vs. Badiar Zaman alias Bablu and another………………… Respondents Judgment ..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ul Islam (Sujan), learned Advocate for the petitioner, submits that the High Court Division was in error in taking the aforesaid view as the same is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not considering the facts of the case ......ier and more proper for the High Court Division to dismiss the petition on merit. Indeed, no Rule should have been issued at all in this case. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is als......Revision No. 717 of 1991 discharging the Rule obtained on an application under section 561A of the Code of Criminal Procedure for quashing of the proceeding in OR Case No. 3206 of 1988 pending for trial before the Additional Chief Metropolitan Magistrate, Dhaka. 2. It appears that upon an......instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 7..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....spondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (1916)1 KB 688). Lawyers Involved: Dr. M. Zahir, Senior Advocate, inst......t. The Calcutta High Court framed rules under the powers conferred under section 246 of the Companies Act 1913 as amended by the Indian Companies (Amendment) Act (Act XXII of 1936). These rules are called Rules under the Companies Act, 1939. These rules had been adopted by the erstwhile Dhaka Hig...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors&hel..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....spondent, who is a College teacher, filed the aforesaid writ petition challenging the validity of the Teachers and Non-Teaching Staff of Nationalised Colleges (Directorate of Public Instruction) Absorption Rules, 1981 published in the Gazette by notification No. SRO 93-L/81 dated 25 March, 1981......ndent was thus adversely affected by the Rules of 1981 both in his remuneration as well as status. 7. The Government framed similar rules after nationalisation of some high schools, which is called the “Teachers and Non-Teaching Staff of Nationalised High Schools (Directorate of Seco......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………....Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....ntiff is directed against the judgment and order dated 15th July, 1987 passed by learned Single Judge of the High Court Division, Sessions Comilla in Civil Revision No. 201, 1984 making the Rule absolute thereby setting the judgment and decree dated 22-4-84 of the Additional District Judge, 2nd ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......er. The plaintiff also handed over possession of the suit land to defendant No.1 who is in possession of the same since then. Hence, the suit as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of th......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
.... Court’s decree, but has held that the plaintiff was not a “worker” at all within the meaning of section 2(v) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, on the reasoning that “these classes of employee of the bank are not meant for productive purposes” and, a......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......f “worker” under section 2(v) of the Employment of Labour (Standing Orders) Act, 1965, and that he cannot maintain any civil suit. learned Single Judge by the impugned judgment has maintained the trial Court’s decree, but has held that the plaintiff was not a “worker” at all within the mea......n-Record— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). ..Category: Labour and Industrial Law | Date: | Hits: 152
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....nion Parishad held on February 3, 1992 against the judgment and order dated November 14, 1994 passed by a Single Judge of the High Court Division in Civil Revision No.3037 of 1993 making the Rule absolute, after setting aside the judgment and order dated October 31, 1993 passed by the Election Ap......unused ballot papers and counter foils of the ballot books along with the officially used voters’ lists and other relevant papers in respect of the election of the said two Centres are called for and examined on recounting of the votes by the Tribunal it would be found that re...... secured 1644 votes. At Dopolla Janata High School Centre out of 2048 only 1220 votes were cast out of which the petitioner secured 371 votes and respondent No.1 secured 528 votes. 4. At the trial the petitioner examined six witnesses including himself and respondent No.1 examined four wit......Sarker J Muzaffar Hossain……………………………………… Petitioner Vs. Md. Humayun Kabir and others …………….Respondent Judgment August 13th, 1..Category: Others | Date: | Hits: 98
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....r on n the approval from the Board of Directors of the Bank in respect of the settlement reached. By a letter dated 22 February 1990, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. T......laintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December 1979 to June 1981 and repaid altogether a sum of Taka 45,2 1 lakh. The Bank recalled the entire loan with interest under Article 32 of the Bang Shilpa Bank Order. By a notice, d...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana ..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....harges on 17.3.92 by the Senior Special Tribunal Judge, Dhaka in Special Case No.1 of 1992 against the petitioner, a former Vice-President, Deputy Prime Minister and Prime Minister of Bangladesh as also against Lt. General (Retd.) Hussain Mohammad Ershad, a former President and Mr. Shafiqul Gani a f......ainst the petitioner rises or falls along with the rise and fall of the summary dated 12.1.87, As already observed the learned Third Judge has found other materials on record which prima facie can be called in aid in support of the prosecution allegation against the petitioner. We are not concerned ......mmaries submitted to the then President by the petitioner and co-accused Mr. Shafiqul Gani held that there was a prima facie case under section 5(2) of Act II of 1947 against the petitioner to go for trial. Mr. Rafiq-ul-Huq submits that the learned Third Single Judge has not given any clear-cut find......titioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). J..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....lege and others, arise out of judgment and order dated 18.5.1994 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of th......e College for good. The Principal, however, thought it necessary to get the approval of the Academic Council for the decision taken in the Disciplinary Committee and immediately a Council meeting was called at 8-30 PM. The said meeting of the Academic Council started with the Principal in the Chair ......t statement brought forward to his prejudice.” Of course, the person, body or authority concerned must act in good faith, but it would appear that it is not bound to treat the matter as if it was a trial or to administer oath or examine witnesses in the presence of the person accused or give him f......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....6 of 1992) Judgment Mustafa Kamal J.- These two appeals by leave are from the same judgment and order of the High Court division dated 18.8.92 discharging the Rule in part and making the Rule absolute in part in Writ Petition No.1286 of 1992. The writ petition is the appellant in CA No.73 of 1...... Telephone Exchange. The cellular radio telephone system became operational by January 1991 and in order to inter-connect the Uttara cell site and Maghbazar cell site BTL applied for inter-connection called Public Switch Tel. Network, shortly PSTN. BTTB issued a demand note for nearly Taka 41 lakh w......withstanding anything to the contrary contained in any other law for the time being in force. One of the functions of BOI shall be, according to section 7(e), “approval and registration of all industrial projects in the private sector involving local and foreign capital”. Section 11(6) provides ......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....t No.5699 Khatian No.34 17 of Mohalla Zinda Bazar within Sylhet Municipality under the provisions of the Mohammedan Law alleging, inter alia, that defendant Nos.2-9 who were owners of the suit land sold the same to defendant No.1. Mst. Mahmuda Khatun Chowdhury, since deceased and substituted by h......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......he said decree. Title Appeal No. 274 of 1985 and the learned District Judge, Sylhet, who heard the appeal, by his judgment and decree dated 20.3.1986, dismissed the same and confirmed those of the trial Court. 6. From the said decision of the learned District Judge, Sylhet defendant......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....and got delivery of possession of the suit land on 22.9.1974. The appellants coming to know about the ex parte decree instituted Title Suit No. 224 of 1976 in the Court of the Subordinate Judge, Jessore which was transferred to the Court of Subordinate Judge, Jhenidah and registered there as Titl...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......e Subordinate Judge, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8.1974. Th...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ision in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by ......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......peal. 2. Before the Code of Criminal Procedure was further amended by Act No. XLII of 1992, shortly the new Act, it was the combined effect of all the sub-sections of section 339C and 339D that a trial of a sessions case had to be concluded within 240 days, with an additional grace of 30 days, w...... Vs. State ………………………………………………………..Respondent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers I..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....t of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M/s Speedbird Navigation Co. 30 DLR (SC) 101, Bangladesh vs Messrs ATJ Industries Ltd. 28 DLR (AD) 120, Gannyson vs. Sonali Bank, 36 DLR (AD) 146. Lawyers Involved: A. W. Bhuiyan, Additional Att......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ision. 10. As already noticed, the High Court Division by the impugned judgment dismissed both the appeals. 11. Leave was granted to consider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstan...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Pr......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... outside the suit, as all the persons interested therein were not impleaded in the proceeding. In respect of the property in schedule 'Ja' the trial Court found that all the persons interested therein as per record of right were not impleade......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....on 29.4.67 under section 165A of the Pakistan Penal Code and under section 161 of the Pakistan Penal Code respectively and have been heard together and are disposed of by one Judgment. It may be also noted here that while admitting the appeal of the accused Taru Mian, in Criminal Appeal No. 362 ......I should mention that PW 4 Sabia Khatun says in her examination in-chief: "We are bharatias of accused Gani from last 9 years". PW 5 Anijumannessa in her examination-in-chief says "I called the Bariwala ie, accused Gani and requested him to do something in the matter." She has......mprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a charge under section 165 A of the Pakistan Penal Cod......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....e PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masud, Deputy Legal Remembrancer with Abdul Batin—For the State. De...... sent may his wife to her father's house about 10 days before the occurrence. Accused Lutfor Fakir slept in the southern bhiti hut. SBBC time after mid-night deceased Dulal's pond mother Saju Bibi called PW 2 Bano Hi and asked her whether Dulal had gone hut. Thereafter PW 2 Bano Bibi and Saju Bi......et against the accused appellant. A preliminary enquiry was held into the case by PW 11 Mr. SNH Shamsuzzaman, Magistrate, 1st Class who committed the accused-appellant to the Court of Sessions for trial. At the time of trial, the accused was charged under section 302 of the Pakistan Penal Code w......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ..Category: Criminal Law | Date: | Hits: 62
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