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AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

.... with regard to law of limitation. 10. I would rather refer to FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. The question arose whether the starting point for the limitation for a suit by a State servant to challenge the legality of his order of removal from service should be the date of t......D) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......�……………………..(13 & 14) Cases referred to- Kadir Bux Vs. Province of Sind 1982 SCMR 593, FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. Lawyers Involved: AJ Mohammad Ali, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant. AY Sal..

Category: Administrative Law | Date: | Hits: 129

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....limala Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Secretary, Irrigation Department V GC Roy, AIR 1992 (SC) 723; Jena's case (AIR, 1988); Jugal Kishore Sharma Vs. Vijayendra Sharma, AIR 1993, (SC) 864; State of Orissa Vs. Lalchand Kapani, AIR 1993, (SC) 2464 and State of Orissa Vs. BN Agarwalla, AIR ......Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ...........ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98

Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)

....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Trust of Bangladesh Ltd. and others...............Respondents Judgment Ja......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......sideration of the decision of the Joint Secretary, there was a spot‑ enquiry by the Deputy Land Reforms Commissioner, Khulna Division, after notice to the parties, who not only heard Mr. Md. Hayder Ali, Governing Director of respondent No, 1, but also examined the papers and documents produced bef..

Category: Property Law | Date: | Hits: 69

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

....summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ation is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..

Category: Criminal Law | Date: | Hits: 76

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Ju......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondent......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commis..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......ty Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. (In Civil Appeal No. 20 of 1993). Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1‑3. (In Civil Appeal No. 20 of 1993). Asrarul ..

Category: Property Law | Date: | Hits: 64

Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......sion (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Kalu Mondal ..............Appellant Vs. Begum Fazilatun Nessa..............Respondent Naushad Ali .... Appellant V......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Kalu Mondal ..............Appellant Vs. Begum Fazilatun Nessa..............Respondent Naushad Ali .... Appellant Vs. Begum Fazilatun Nessa.................Respondent Judgme..

Category: Property Law | Date: | Hits: 79

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

....nted by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment November 23rd, 1993. Cases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (S......also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......slam & ABM Khairul Huq, Advocates with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. ..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Asoke Gulati Vs. BS Jain, AIR 1987 (SC) 424 ; PD Agarwal and another Vs. State of UP and others, AIR 1987 (SC) 1676; KC Arora Vs. State of Haryana, AIR 1987 (SC) 1858; TR Ka......ts (In Civil Appeal No. 63 of 1992) SM Abdul Bari and another .... .........Appellants (In Civil Appeal No. 76 of 1992) Md. Shahidul Alam ……….Appellant (In Civil Appeal No. 77 of 1992) Vs. Md. Azizur Rahman and Others……Respondents (In Civil Appeal No. 44 & 76 of 1992) Md......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......hahabuddin Ahamed, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 76 & 77 of 1992) Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate, with him), instructed by M Nawab Ali, Advocate-on-Record-For Respondent No. 1 (In Civil Appeal Nos. 44 & 451 of 1992) Not Re..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ...... Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J. Amjad Molla................................Appellant Vs. Syeduzzaman Molla and others …………… Respondents ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......ala on 28th July, 1975 at the Sub‑Registrar's Office putting its date as "5.7.75". The sale-deed, Ext. 4. shows that the stamp paper was purchased on 24.4.75 from stamp vendor Akbar Ali Mia of Bera Sub‑Registry Office of Pabna District. He is PW 11. He has stated that no st..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....he view taken in that case, we wish to lay stress that it is a rule sanctioned by expediency and established by practice that a separate application is necessary to be filed for condonation of delay. Statements made in the memo of appeal or in the main petition setting out facts for condonation of d......me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Momtazuddin and another………….Defendant-Appellants Vs. Yakub Ali .......................Plaintiff-Respondent Judgment May 27, 1993 Resul......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Momtazuddin and another………….Defendant-Appellants Vs. Yakub Ali .......................Plaintiff-Respondent Judgment May 27, 1993 Result: The appe..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....0. ......1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......is Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....r Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of India AIR 1958 (SC) 36 & BSI Corporation Vs. Mahbub Hussain 29 DLR (SC) 41; West Bengal State Electricity Board and others Vs. Desh Bandhu Ghose, AIR 1985 (SC) 722; 0 P Bhandari Vs. India......hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Mannan............ Respondent (In Civil Appeal No. 42 of 1992)......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......h Bank and others........ Respondents (In Civil Appeal No. 79 of 1992) Judgment July 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sar..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....he Master Plan of Greater Dhaka City cannot be allowed in spite of all that they have done so far…………..(23, 25-28). Cases Referred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ent No. 1. Mainul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 5. AKM Nurul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 2 & 6. Ex parte—Respondent Nos..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....dence is contradictory and he has no regard for truth, that PW 5 has stated that bainapatra was written on a plain paper but, in fact, the same was written on cartridge paper bearing the water mark State of Calcutta and the national symbol of India (bengali) and as such it can be safely concluded......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment M......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... Division was correct in holding that the plaintiff did not acquire title in the suit land by adverse possession……….((9, 10 & 11) Case Referred To: Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287. Lawyers Invol..

Category: Property Law | Date: | Hits: 59

Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)

....Selim (Md) and others........................Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents Judgment February 8, 2002 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 190......ppellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Selim (Md) and others........................Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents Judgment ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 68

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....ul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment April 15, 2002. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 The Limitation Act, 1...... Appellate Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......blication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For the Petitioners. Md. Nowab Ali, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents Judgment ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......shareholders of the petitioner No.1 Company, hereinafter shortly called the company. The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the Company. Respondent No. 2 Md. Abed Ali purchased 1,875 shares and Abdul Kader, respondent No.3 held 375 shares and Md. Chand Mia, res..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....ic exercise. All the appeals are allowed……………………(28) Cases Referred to- Kudrat e-Elahi Panir vs. Bangladesh 44 DLR (AD) 319; State of Bihar vs. Rai Bahadur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 SC 378; Madhu L......vil) Present : Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Anwar Hossain………………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......d JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... 262, Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advocate-on-Record— For the Petitioners..

Category: Civil Law | Date: | Hits: 91

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