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Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)

....Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Appe......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......of service of notice but he struck out 21.10 90 and wrote 28.10.90 over the same. In the disciplinary proceeding the process server Pulak Chandra Das was found guilty of overwriting by the Inquiry Officer, the learned District Judge, Cox’s Bazar and upon serving a second show cause notice ..

Category: Civil Law | Date: | Hits: 106

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

.... Servicc(1984) 3 WLR 1174; Dr. Ram Manohar Lohia vs. State of Biliar (1966) 1 SCR 709; AIR 1966 (SC) 740, 747 and (AIR 1983 (SC) 537,539‑40). Lawyers Involved: Asrarul Mossain, Senior Advocate, instructed by M Nawab Ali, Advocate‑on‑Record‑For the Appellant.......raw" our attention to the following observation of Lord Diplock, made in this case, which has been quoted with approval in a number of decisions of the Indian Supreme Court: "Judicial review has I think developed to a stage today when without reiterating any analysis of ......the Effective List: Major and below 23 years Lt. Colonel 25 years Colonel 27 years Brigadier 28 years Major General 30 years 4. Officers who are not considered suitable by the Commander‑in‑Chief for retention in ser..

Category: Constitutional Law | Date: | Hits: 203

Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)

....¦â€¦â€¦â€¦(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Dr. Ahmed Hossain, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record- For the Respondent Nos. 1 and 2. ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..

Category: Property Law | Date: | Hits: 59

AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)

....ra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioner. Raf......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 ......l J.- In the ensuing General Election of Members of Parliament petitioner AKM Mayeedul Islam submitted nomination paper among others with respondent No. 3 Hussain Mohammad Ershad before the Returning Officer, respondent No. 2 for contesting parliamentary 27 Constituency, Kurigram-3, District Kurigra..

Category: Election Law | Date: | Hits: 133

Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

.... Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by M. Nawab Ali, Advocate-on -Record-For the Appellant. Md. Fazlul Kar......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 ......ts of the case are, that in Criminal Case No. 182(c) of 1987 a petition of complaint was filed by the appellant against the said respondent, alleging that while the respondent was serving as the Unit Officer at Jessore Bangladesh Red Crescent Society, she became acquainted and intimate with him. The..

Category: Criminal Law | Date: | Hits: 85

Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)

....n Pramanik…………………Defendant-Respondent Judgment May 22, 1996. Case Referred To- B. Kunwar vs. Ranjit Singh. AIR 1915 PC 96= 42 IA. 202. Lawyer Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. Monsur ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..

Category: Tenancy Law | Date: | Hits: 87

Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)

....akibuddin Ahmed and others……………………Respondents Judgment May 13, 1996. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Faiz Ahmed, Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-Reco...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... 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 Relations Officer in the then National Shipping Corporation which came to be known as Bangladesh Shipping Cor..

Category: Employment/Service Law | Date: | Hits: 77

Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)

...., instructed by Shamsul Haque Siddique, Advocate-on-Record -For the Respondent (In Civil Petition Nos. 461-2, 466, 468, 473, 475, 476, 478, 481, 482, 485, 486, 489, 490/94). Rafique-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Respondent (...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..

Category: Business or Commercial Law | Date: | Hits: 126

Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)

....……………………………….Respondents Judgment December 13th, 1995. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record  For the Petitioner. ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..

Category: Property Law | Date: | Hits: 65

BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)

....os. 76 & 77 of 1993) AW Bhuiyan, Additional Attorney-General instructed by B Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 16 & 17 of 1996). SR Pal, Senior Advocate, instructed, by Md. Nowab Ali, Advocate-on-Record—For the Respondent (In Civ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..

Category: Intellectual Property Law | Date: | Hits: 279

Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)

....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......taining loan from the House Building Finance Corporation, as also from his personal savings 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 (An..

Category: Business or Commercial Law | Date: | Hits: 136

Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)

....iyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-on-Record — For the Appellants (In all the appeals.) Amirul Islam, Senior Advocate instructed by Aftab Hossain, Advocate-on-Record — For the Respondent Nos. 1 t......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..

Category: Constitutional Law | Date: | Hits: 161

Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)

.... 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 of complaint before the learned Senior Special Judge, Dinajpur on 14-9-1995 against the Deputy Commissioner, Superintendent of Polic......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. ...... to have been committed within such limits and triable under this Act upon receiving a complaint of facts which constitute such offence or upon a report hi writing of such facts made by any Police Officer. (2)…….. (3)…….. (4)…….. (5)…….. 6. (5) Notwithstanding anyth..

Category: Anti-Corruption Laws | Date: | Hits: 92

Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)

....vy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; Gobind Sahu vs. Zafar Karim AIR 1925 Pat. 145. Lawyers Involved: Rafiq-ul Haque, Senior Advocate, instructed by Shairifuddin Chaklader, Advocate-on-Record— For the Appellants......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..

Category: Property Law | Date: | Hits: 70

Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)

....ip; Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..

Category: Procedural Law | Date: | Hits: 133

Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)

....Pillai AIR 1984 (SC) 921; Occan Industries Ltd. vs. Industrial Development Bank, 18 DLR (SC) 354 Ambur Nair vs. Kelu Nair AIR 1933 (PC) 167. Lawyers Involved: Md. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Record—For the Appellant. B......ration vs Mofizur Rahman 46 DLR (AD) 46, wherein this Division discussed the principles of estoppel and acquiescence. ATM Afzal J (as his Lordship then was) after referring to the decisions of the Judicial Committee in the case of Sarat Chunder Dy. vs Gopal Chunder Laha, Indian Appeals (1891-92)......rvice nor in his annual confidential report which were done by others. The aforesaid Deputy Secretary, Ministry of Home Affairs also appointed a Joint Secretary Ministry of Home Affairs as Inquiry Officer to enquire into the allegations against the appellant The Inquiry Officer did not examine a..

Category: Administrative Law | Date: | Hits: 138

Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)

....issioner, Kurigam and others………………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......d a deed on 7-9-90. Though the school was shifted to a new place at Bijoyram Tobakpur yet the school is being run under the old name. The shifting of the school was approved by the Thana Education Officer and the school is functioning at Bijoyram Tobakpur under the management of the old committe..

Category: Property Law | Date: | Hits: 63

Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

....another……………………………… Respondents Judgment July 4th, 1996 Lawyers Involved: AR Yusuf, Senior Advocate, (M Hafizullah, Senior Advocate & Manzur-ur-Rahman, Advocate with him) instruct...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..

Category: Business or Commercial Law | Date: | Hits: 151

ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)

....ia Buchanna and others. AIR 1963 Andhra Pradesh (FB) 1 and Laiji Raja and Sons vs. Firm Hansraj Nathuram, AIR 1971 (SC) 974; 27 DLR (Dhaka) 72. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by B Hossain, Advocate-on- Record—For the Appellant. Md. ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..

Category: Civil Law | Date: | Hits: 133

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....hellip;…………………………..Defendant Respondent Judgment May 27, 1996. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..

Category: Property Law | Date: | Hits: 52