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Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....vocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 190 of 1996. (From the Judgment and order dated 18.1.96 passed by the High Court Division, Dhaka in Civil Revision No. 989 of 1993). J......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 ...... Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahmed, Advocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....nior Advocate and Ajmalul Hossain, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondents. Civil Appeal No. 25 of 1993. (From the Judgment and Order dated 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: ......was decreed for US $ 16,20,000.00 “with costs, but without interest.” There were other subsidiary findings on other disputed matters as well, but those findings are not necessary to be noticed for the disposal of this appeal. 8. We shall now advert to the grounds on which leav......ed 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insura..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....y B Hossain, Advocate-on- Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 32 of 1991. (From the Judgment and Order dated 26.6.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 399 of 1...... suit property but ultimately gave up his prayer and took lease of the structures standing on the suit plot in the name of his wife. Ameda Khatun with effect from 3.12.65. When the appellant issued notice upon Ameda Khatun directing her to deposit the arrear lease money the decree-holder, his so...... 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 1959 from the 2nd Court of Munsif, Pabna. He instituted OC Execution Case No. 3 of 1962 which was dismissed for default on 2.5.63. Four other Execution Cases, namely, OC Execution Case Nos. 9/62, 3/63, 5/66 ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (...... delivered symbolic possession thereof. Plain orally informed the defendant about his purchase on 15-2-1983 and published news about the said kabala in the local dailies. Thereafter by a registered notice dated 14-8-1983 the plaintiff informed the defendant about his purchase of the suit premises......January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (Dhaka), 611 of 1988 (Rangpur). Judgment ATM Afzal CJ.- Plaintiff-Appellant’s suit for eviction of the defendant-respondent from the suit shop, SCC Suit No. 1 of 1985 of the SCC Cour..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record—For the Respondents. Civil Appeal No. 82 of 1994. (From the Judgment and order dated 26.6.94 passed b the High Court Division in Civil Revision No.668 of 1989). Judgment: ......t of their multi-storied building, construction of new gas, water and sewerage lines and for keeping a passage for going to and coming from the back staircase of the building and that after serving notice upon the defendant under section 106 of the Transfer of Property Act, on 16.6.84 terminated...... Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decree dated 25.6.89 passed by the SCC Judge and 3rd Subordinate Judge Dhaka in SCC Suit No.31 of 1984 for eviction of a monthly tenant. 2. The suit was filed by the respondents and their father..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....sain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocates-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-6. Appeal No. 28 of 1995. (From the judgment and order dated 19-1-95 passed by the High Court Division in Writ Petitioner No. 47 of 1995). Judgment ......fidavit was annexed as Annexure-2 to the affidavit-in-position. 6. The learned Judges of the High Court Division by the impugned judgment and order dated 19-1-95 made the Rule absolute as already noticed. Thereafter operation of the impugned judgment and order was stayed by this Divisio......ent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer alleging that the appellant did not then attain 25 years of his age as pr..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....tructed by Md. Nawab Au, Advocate-on-Record — For the Respondent No.1. Not represented Respondent Nos. 2 and 3. Civil Appeal No. 31 of 1995. (From the Judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of 1994)......of his family to see the child. She did not also send the child to the house of the plaintiff to enable him and other members of his family to see the minor child. Thereafter defendant No.1 sent a notice to the plaintiff informing that she dissolved the marriage exercising her delegated power of......passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Sye..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....Record - For the Appellant. Gour Gopal Shaha, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record - For the Respondent. Civil Appeal No.21 of 1991 (From the Judgment and Order dated 19-6-90 passed by the High Court Division in Civil Revision No.1078 of 1978). Judgment ......ingly.” 11. Mrs. Rabeya Bhuiyan submits that the above decision of the Lahore High Court, given on the 5th May, 1964, is holding the field for the last 32 years and the said decision escaped the notice of the learned Judge of the High Court Division. She also submits that the Lahore decision ha......mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....e Court, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent (In Criminal Appeal No.18 of 1992). Criminal Appeal Nos. 15, 16, 17 and 18 of 1992. (From the Judgment and Order dated 29 October, 1991 passed by the High Court Division in Criminal Appeal. Nos. 981, 998 and 1007 ......ion 5(2) of Act II of 1947. 5. Briefly, the prosecution case is, that in 1987 the Dhaka University wanted to purchase 4 (four) 75 HP Submersible pumps for which it floated an International tender notice on 9-2-87 which was participated by (1) Iqbal Engineering 102 Works, (2) Milners Pumps Limite......alias Mohammad Shahidul Hoque and 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..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ab Ali, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 1994). ......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ...... BLD (AD) 1993 54=45 DLR (AD) 98. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by t..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....h;For the Appellants. Abdur Rob Chowdhury instructed by Md. Nawab Ali, Advocate-on-Record,— For the Respondent. Civil Appeal No. 81 of 1994. (From the Judgment and order dated 28.4..94 passed by the Administrative Appellate Tribunal in Appeal No. 87 of 1991). Judg......e to be disposed of as far as may be in accordance with the Rules of 1984. Rule 7(11) of the Rules of 1984 has provided that the proceedings have to be disposed of within 120 days from the date of notice of the proceedings or within 150 days from the date on which the Government Servant is place......tive Tribunal Case No. 154 of 1987 alleging, inter alia, that he was not allotted any official quarter though he was entitled thereto; that he requested the General Manager, Postal Life Insurance, for allotting a quarter but he verbally told him to occupy any quarter if found vacant and accordin..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1991). ...... also stipulated that after the expiry of the agreement the parties would be at liberty to renew the same. 3. It is admitted that the plaintiff-respondent after purchasing the suit-building served notice upon the appellant on 11.11.1985 informing it about the respondent’s purchase of the suit b...... 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1991). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ is part of..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
.... M. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 150 of 1995. (From the judgment and order dated 3 August 1994 passed by the High Court Division in Civil Revision No. 1260 of 1993). J......ncurrent finding of the Courts below that the vendor Md. Ibrahim made a gift of the land in favour of his cousin sister’s son Munshi Abdus Sattar. The learned Judge of the High Court Division noticed in this connection that the donor Md. Ibrahim, who was a school teacher, was a confirmed ba......wyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 150 of 1995. (From the judgment and order dated 3 August 1994 passed..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... Haque Siddique, Advocate-on -Record—For the Respondents. Rafique-ul-Huq, Senior Advocate — Amicus Curiae. Civil Appeal No. 20 of 1995. (From the Judgment and Order dated 12-7-94 passed by the High Court Division in Company Appeal No. 1 of 1993). Judgment: ...... shares of Tofayel Ahmed be reduced by 100 shares and that the name of respondent No. 5 (respondent No. 3 herein), the minor son of Tofayel Ahmed, be struck off. 6. Shortly after service of notice of the said self to be application original respondent No. 2 Tofayel Ahmed died and in his p......of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Cour..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... Appeal No. 431 of 1992). Not represented — Respondents (In Civil Petition for Leave to Appeal No. 431 of 1992). Civil Appeal No. 52 of 1991. (From the judgment and order dated 12.11.1990 passed by the Nigh Court Division, Dhaka in Review Petition No. 8 of 1990 (arisin......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 ......;………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&helli..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....spondent No. 1. Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Respondent No. 7. Not represented—Respondent Nos. 2-6. Civil Appeal No. 88 of 1994 (From the Judgment and order dated 8-11-93 passed by the Appellate Administrative Tribunal in Appeal No. 75 of 1993) Judgment......Fighters) Rules, 1979 and the relevant documents giving effect to these rules so far as it relates to the appellant. At the time of granting leave for doing complete justice in the matter we not only noticed the delay of the appellant in filing the Administrative Appellate Tribunal appeal but also f...... of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured……..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....ddin Chaklader, Advocate-on- Record— For the Appellants. Ex-Parte —For the Respondents. Civil Appeal No. 45 of 1990. (From the Judgment and order dated 15.7.1987 passed by the High Court Division, Comilla Sessions, Comilla in Civil Revision No.......he village elders and to settle up all differences. In that case a distinction was made between withdrawal of a criminal case and compromise and settlement of all differences between the parties as noticed in the case of AIR 1965 (SC) 166. 15. Thus on a careful consideration of the ......lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
.... 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). Judgment ......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. ......rvice as a security guard of Rupali Bank was terminated from service by an order dated 15 September, 1981 by the Bank Management with termination benefits. He challenged the termination order in the aforesaid suit and got a decree which was challenged unsuccessfully in appeal before the District Jud..Category: Labour and Industrial Law | Date: | Hits: 152
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by the High Court Division in civil Revision No. 3037 of 1995) &n......e High Court Division that admittedly no written prayer was made before the Presiding Officer for recounting of the ballot papers on the allegation of any malpractice. The High Court Division also noticed that in the application dated February 4, 1992 filed by the petitioner before the Returnin......n vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by th..Category: Others | Date: | Hits: 98
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....tab Hossain, Advocate-on-Record — For the Petitioner. Not Represented— Respondents. Civil Petition for Leave to Appeal No. 552 of 1995, (From the Judgment and order dated 1.8.95 passed by the High Court Division In Writ Petition No. 1607 of 1995) Judgment: ......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ...... Lawyers Involved: Md. Abdul Aziz, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented— Respondents. Civil Petition for Leave to Appeal No. 552 of 1995, (From the Judgment and order dated 1.8.95 passed by the..Category: Business or Commercial Law | Date: | Hits: 111
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