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Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)

....y Choudhury J   Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairma......imitations.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 26. ......   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairman, Court of Settlement and others........................Respondents   Judgment  ......ury J   Kazi Ebadul Hoque J   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairman, Court of Settlement and others........................Resp..

Category: Property Law | Date: | Hits: 61

Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

....y J    Miah Lutfi Hossain Kasru and others................................ Petitioners   Vs.   Bangladesh represented by the Secretary Ministry Local Government & others............ Respondents   Judgment ......o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ......     Bimalendu Bikash Roy Choudhury J   AMM Rahman J   Mahmudul Amin Choudhury J    Miah Lutfi Hossain Kasru and others................................ Petitioners   Vs.   ......; AMM Rahman J   Mahmudul Amin Choudhury J    Miah Lutfi Hossain Kasru and others................................ Petitioners   Vs.   Bangladesh represented by the Secretary Ministry Local Government & ot..

Category: Election Law | Date: | Hits: 111

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

....y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......:47 DLR (AD) (1995) 162. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others........ Plaintiff‑ Appellants Vs. Md. Nurul Amin and others...............Defendant‑Respondents Judgment May 23, 1995. ..

Category: Property Law | Date: | Hits: 46

Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......llip;…………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Law......Taher …………………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment J..

Category: Others | Date: | Hits: 101

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

....said order of dismissal which was dismissed by the Inspector General of Police, respondent No. 1 by order dated 21 October 1988. The appellant then filed an application on 1.11.1988 to the Secretary, Ministry of Home Affairs, respondent No.2 but it was rejected by an order dated 14.9.1989 and within......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ...... Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result: The Appeal is......l CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 1..

Category: Administrative Law | Date: | Hits: 111

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......l) Present: ATM Afzal J   Mustafa Kamal J      Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants         &nbs...... Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants           Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Sha..

Category: Property Law | Date: | Hits: 124

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

..... Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respond......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Touri..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

....y be named in the order. 4. In the afternoon of the 4th July, 1995 the reference was received with a forwarding letter addressed to the Secretary of the Chief Justice and signed by the Secretary, Ministry of Law, Justice and Parliamentary Affairs with a request to place the Reference before the ......ng' as under Article 152 (1) of the Constitution………………..( 72 & 73) Cases Referred to-  AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation of Lands and Buildings AIR 1943 FC 13: In Presidential Election 1974, AIR 1974 (SC) 1682; AIR 1979(SC) ......Ismailuddin Sarker J  (Special Reference No. 1 of 1995) Judgment  July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......(SC) 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 U..

Category: Constitutional Law | Date: | Hits: 248

Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)

....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......t. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ...... Appellate Division (Civil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Rahman .................Appellant Vs. Hazera Khatun ........................Respondent Judgment March 21, 1995...

Category: Property Law | Date: | Hits: 47

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15......te Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Sadharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment Febru..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead...... Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead his heirs Debendra Nath Bashu Roy and another..........

Category: Civil Law | Date: | Hits: 109

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....ications dated 4 August, 1990 and 4 September, 1990, published in the official Gazette, and the earlier contract of service was cancelled. By the impugned notification dated 28 September, 1991 the Ministry of Energy and Mineral Resources, (respondent No. 1), cancelled the aforementioned two noti......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ......ision (Civil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment A..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....sued, a notice upon the appellant to show cause why she should not be evicted from the case property. The appellant filed Title Suit No. 332 of 1982 for declaration of title against the Secretary. Ministry of Public Works and others. The suit was decreed ex parte although notices were duly serve......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice.   ...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila...... Present: Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19..

Category: Property Law | Date: | Hits: 86

Hasan Ali and others Vs. State, 1995, 24 CLC (AD)

....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ...... Appellate Division (Criminal) Present :  Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State…&h......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment No..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....id not designate any appellate authority within 6 months of the passing of the order of discharge dated 17.7.86. On 29.7.86 the respondent, however, filed an appeal before the Additional Secretary, Ministry of Civil Aviation and Tourism and the Chairman of the Corporation in respect of which he r......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ecord -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). ......p;   ATM Afzal J   Mustafa Kamal J      Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment&nb..

Category: Employment/Service Law | Date: | Hits: 134

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....re absolutely vague, unspecified, indefinite and lacking in necessary particulars thus depriving the detenu from submitting any effective representation signed by the Assistant Secretary (Security 1) Ministry of Home Affairs, was not a valid order under the Act as there is nothing to show that it wa...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994....... ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents ..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondent..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....p; With this modification in the decree the appeal is dismissed without any order as to costs.  Ed.   This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......p; With this modification in the decree the appeal is dismissed without any order as to costs.  Ed.   This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......  MH Rahman J  ATM Afzal J  Mustafa Kamal J   Latifur Rahman J   Rabjel Mondal .........................Appellant   Vs.  Didar Mondal and others.................. Respondents  Judgment  November 8, 1994.  Resul......p; Shahabuddin Ahmed CJ  MH Rahman J  ATM Afzal J  Mustafa Kamal J   Latifur Rahman J   Rabjel Mondal .........................Appellant   Vs.  Didar Mondal and others.................. Respondents  Judgment  Novemb..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary,......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents ..

Category: Property Law | Date: | Hits: 62