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Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....n‑Record ‑For the Respondent No. 1. Not represented‑Respondent Nos. 2‑11 Civil Petition for Leave to Appeal No. 675 of 1994 (From the Judgment and Order dated 5.9.94 passed by the High Court Division in Admiralty Suit No. 20 of 1994). Judgment: ......damaged hatch cover, etc. The plaintiff apprehends that the damage to the Mongla‑bound cement meant for it self must be more extensive and there will be shortage of cargo also. Upon receiving notice of readiness the plaintiff retired the bills of lading from defendant No. 7 and made all ar...... Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Not represented‑Respondent Nos. 2‑11 Civil Petition for Leave to Appeal No. 675 of 1994 (From the Judgment and Order dated 5.9.94 passed by the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....dvocate (appeared with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgment ......'s Chairman, met him on several occasions and requested him to exclude its land from the proposed Acquisition proceedings but to no effect. Neither the DIT nor the Land Acquiring Authority served any notice upon the appellant though the appellant had been in possession of a major part of the land si......roject, Mohua, is within the Master Plan of the DIT prepared and approved in the Fifties. Within this Master Plan Area all future development and construction, both public and private, shall be in conformity with the Master Plan, as specially laid down in section 74(3) of the Town Improvement Act, 1..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....ellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992). Judgm......leged offence of false distribution of relief goods was committed in 1988, nobody made any complaint till the Upazila. Nirbahi Officer, after about four years, invited people in general by the public notice to bring allegation if any. 5. We have also heard Mr. Amirul Kabir Chowdhury, learned Depu......nd out mala fide, started at the instance of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 199..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....bsp; Mustafa Kamal J: This appeal by leave by defendant Nos. 2‑4 is from the Judgment and order dated 26.4.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 718......e suit on 20.10.90 the plaintiff filed an application for temporary injunction to restrain the defendants from continuing the constructions on the disputed land and on the same date further issued notices to show cause within 7 days and further issued an order for maintaining status quo till the......Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....Additional Attorney‑General, instructed by Sharifuddin Chaklader, Advocate‑on Record ‑For the Respondents. Civil Appeal No. 22 of 1993. (From the judgment and order dated 31 March 1992 passed by the High Court Division, Dhaka in Writ Petition No. 1170 of 1992). ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......8209;General of Family Planning on 23 April 1976 with the rank and status of a Joint Secretary. By order dated 26 July 1983 of the Ministry of Defence, the Government gave approval to the proposal for the appellant's compulsory retirement from the Military Service under section 16 and rule 12 of..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....dvocate, instructed by Md. Ataul Huq, Advocate-on-Record- For the Respondent Nos. 1 and 2. Not represented— Respondent Nos. 3-20. Civil Appeal No. 87 of 1994. (From the Judgment and Order dated 9-6-94 passed by the High Court Division in Civil Revision No. 1350 of 1993). Judgment M......sed into the suit land and the suit was false. 4. In June, 1986 both sides adduced evidence the trial of the suit. But at the time of argument the defendants’ lawyer pointed out that summons and notices were not served upon defendant No.5 Khalequzzaman who was in Dhaka Central Jail at the relev......ked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (app..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....by MW. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Respondent Nos. 1-2 & 4-10-Not represented. Petition for Leave to Appeal No. 237 of 1996. (From the Judgment and Order dated 1-6-96 passed by the High Court Division in Writ Petition No. 1732 of 1996). Judgment M......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......at Hossain & Shorful Islam Khan, Advocates with him), instructed by MW. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Respondent Nos. 1-2 & 4-10-Not represented. Petition for Leave to Appeal No. 237 of 1996. (From the Judgment and Order dated 1-6-96 passed by the High..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....enior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 5 of 1994 (From the Judgment and Order dated 4 5-92 passed by the Nigh Court Division in Criminal Revision No 371 of 1989 with Criminal Rev......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......to outrage her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the who..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....ord — For the Appellants. Monsur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 62 of 1995. (From the judgment and order dated 22 June 1993 passed by the High Court Division, Dhaka in Civil Revision No. 295 of 1985 (Rangp.......00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of rents till the defendant started defaulting in payment of rents necessitating service of notice under section 106 of the Transfer of Property Act on the defendant on 10 October 1978. 3. ......of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenancy at a rental of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of ren..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....cate-on-Record- For the Respondent No. 2. (In Civil Appeal No. 18 of 1994). Civil Appeal No. 18 of 1994 with Civil Petition No. 39 of 1994. (From the judgment and order dated 7-4-1993 passed by the High Court Division in Civil Revision No. 1380 of 1991) Judgmen......ister, his services were terminated under Regulation 12(a) of the Bangladesh Shipping Corporation (Service) Regulations, 1981. He was paid three months’ salary in lieu of three months’ notice to which he was entitled under the terms of his service. 3. The plaintiff thereupon br......assed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for declaration. 2. In the year 1970, plaintiff Rakibuddin Ahmed was appointed Public Relati..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....h; For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 3232/1991, 806......g the said merchandise. The writ-petitioners claimed that they had a right to be assessed as per SRO in force on the date of the opening of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same gi......7, 469, 471, 474, 477, 483, 488, 493, 500/94). Not Represented — For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 p..Category: Business or Commercial Law | Date: | Hits: 126
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....ok note of the fact that Subodh Ranjan Sarker, the son of the testator, wrote a letter to one of his uncles admitting the correctness of the will made by his father Shashi Kanta Sarker. In the letter dated 25-9-69, he clearly stated that his father informed him about the will before his death and he......s from one year before his death and the respondents taking advantage of the fact that his only son Subodh Ranjan Sarker was staying in Calcutta collusively created the forged will Ext. 1 and that no notice of the said Probate case was served upon the near relations of the testator. 3. The Revoca......Involved: Miah Abdul Gafur, Advocate-on-Record For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent No. 4. Respondent Nos. 1-3 and 5—Not represented Civil Petition for Leave to Appeal No. 367 of 1993 Judgment Latifur Rahman J.- Petitioner filed Revocation C..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. (From the judgment and Order dated 8-1-95 passed by the High Court Division in Writ Petition No. 2595 of 1994) Judgment ......gs and borrowing from friends and relations. He has been living therein since 1987. On 5-5-94 the Authorised Officer of the present Rajdhani Unnayan Kartripakkha, shortly Kartripakkha, issued him a notice (Annexure C) asking him to show any sanctioned plot which he may have had in respect of the ......he appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No. 342, PS Sabujbagh, District Dhaka as per sanctioned plan of the former Dhaka Improvement Trust dated 22-5-80 (renewed 7-6-83) on obtaining house building advance f..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....ed by B. Hossain, Advocate-on -Record- the Respondents. Civil Review Petition No. 6 of 1990. Judgment ATM Afzal J.- This review petition by the plaintiff-respondents is from judgment and dated 26 November, 1989 passed by this Civil Appeal No. 36 of 1989 allowing the same and setting asi...... 1984 leading to the appeal to this Division have been set out at length in the impugned judgment and need not be repeated here. The first prayer in the suit was for a declaration that required valid notices under section 5(1a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 (Act XIII ......……………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not ..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....t Nos. 1-16 (In Civil Appeal No. 65 of 1994). Not represented—Respondent Nos. 18-22. (In all the appeals.) Civil Appeal Nos. 60-65 of 1994. (From the Judgement and Order dated 19-8-93 passed by the High Court Division in Writ Petition Nos. 21, 116, 302, 414, 711 and 7......es Appellate Tribunal, abolishing existing 32 posts in Additional Benches and increasing the total work force to an additional 1110 employees. On 7.12.91 all the writ petitioners were informed by a notice from the Taxes Appellate Tribunal that there was n possibility of continuing their services......irections. 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....e Appellant. AW Bhuiyan, Additional Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1996. (From the judgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335 of 19......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... of 1995, filed by the appellant under section 10(1A) of the Criminal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....ants. M Nurullah, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 71 of 1990. (From the judgment and order dated March 6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 1985). ......cy of the appeal from an interlocutory order would not ensure also for the purposes of the suit and be sufficient to cure all defects in that behalf. Hamoodur Rahman, CJ in delivering the judgment noticed the rule law down by the Privy Council and followed in the Patna High Court in the case of ......Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a whole for non-substitute of the heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who ha..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate- on-Record - For the Appellants. Not Represented — Respondent Nos. 2-24. Civil Appeal No. 94 of 1993. (From the Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). Judg......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......l passed in Miscellaneous Appeal No.57 of 1986 on 28-6-93, which in turn set aside the judgment and order of the Munsif, Bakerganj in Miscellaneous Case No. 226 of 1984, disallowing an application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. Th..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....he summons and the suit was decreed in due course. 5. The appellant examined three PWs. including himself and the respondent No.1 examined two DWs. including himself. In view of Order No.89 dated 25-3-1976 passed by the Subordinate Judge, Khulna in the suit stating that defendant Nos. 30-......, that although the summons which were served upon the defendants were mentioned in the firisti there was no mention of the summons upon the appellant in the firisti. The learned Subordinate Judge noticed that though it was recorded in Order No.89 dated 25-3-1976 by the Subordinate Judge, Khulna......er IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transfer..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....t. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 of 1991)....... not examine any witness in holding enquiry into the allegations and submitted report finding that the allegations against appellant were established. The authority then served a second show cause notice upon the appellant to which the appellant submitted a written reply on, April 7, 1986 pleadin...... of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, and later January 27, 1986 a charge was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corruption and misconduct by a Deputy Secretary, Ministry of Home ..Category: Administrative Law | Date: | Hits: 138
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