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Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)

.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94   ......ddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respon­dents. Civil Petition for leave to Appeal No....... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Borhanuzzaman and others .................Petitioners Vs. Ataur Rahman Chowdhury and others .............................Respondents Judgme...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94   ..

Category: Others | Date: | Hits: 89

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......ain, Senior Advocate Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate­-on-Record -For the Petitioner. Fazlul Huque, Advocate, (appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 523 of 1...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Dire­ctor....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91

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. ......ion of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administra­tion and Land Reforms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General, instructed by MR Khan, Advocate-on-Record (absent) - For the App...... 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...... 46 DLR (AD) (1994) 89. ..

Category: Property Law | Date: | Hits: 69

Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)

....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......ervice apparently because he had lost their confidence which is so essential in a financial institution. Compulsory retirement is the proper penalty …………..(16) Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant....... ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..

Category: Administrative Law | Date: | Hits: 143

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

....er Vs. State, 23 CLC (AD) from our Database]. Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Mohammad Golam Rabbani J Mafizuddin and others....................Petitioners Vs. ......Jahiruddin and another ..................Opposite Parties [in Crl. Rev. No. 20551 Judgment November 21 st, 1993. Lawyers Involved: AKM Nurunnabi Khan, Md. Zakir Hossain, Md. Marfat Ali, Advocates ‑ For the Petitioners. Criminal Revision Nos. 2053......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 ..

Category: Criminal Law | Date: | Hits: 76

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

....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 ......represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. ......) 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 ..

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. ......tration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocate­-on-Recor......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) ......tion Here. Supreme Court Appellate Division (Civil) 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...

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......a, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (Mozammel Haque Bhuiyan, Advocate with him), instructed by Mvi. Md. Wahidul...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 199......uttanji Ramji 65 Indian Appeals, 66=AIR 1893 PC 70; Pillo Dhunji Shidwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Ho..

Category: Business or Commercial Law | Date: | Hits: 128

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 ......estored. 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 ..

Category: Property Law | Date: | Hits: 79

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... This case is also reported in: 46 DLR (AD) (1994) 51 ...... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak and others................Respondents Judgment ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..

Category: Property Law | Date: | Hits: 61

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

.... 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.......ka .................... 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 (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. ......also Reported in: 46 DLR (AD) (1994) 43.......3...

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

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......lved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioner in both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Recor...... Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the P...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh..

Category: Employment/Service Law | Date: | Hits: 73

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

....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. ......C) 3 IS; TR Kapur Vs. State of Haryana AIR 1987 (SC) 415; PD Aggarwal Vs. State of UP AIR 1987 (SC) 1976. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­-General, instructed by B. Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal No. 44 to 49192). Abdur Rab Chowd......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......d another …………Appellants [In Civil Appeal No. 46 of 1992) Bangladesh, represented by the Secre­tary, Ministry of Works and another...........Appellants (In Civil Appeal No. 47 of 1992) Secretary, Ministry of Communi­cations, Road and Road Transport Division and ors........... Appella..

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   ...... 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   ..

Category: Criminal Law | Date: | Hits: 61

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

....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. ......awyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Dr. Kamal Hossain Senior Advocate (Khademul Islam Chowdhury, Advocate with him) instructed by Mvi. Md. Wahidul......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. ..

Category: Procedural Law | Date: | Hits: 121

Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)

....the judgment and order of the High Court Division discharging the Rule Nisi, in Writ Petition No. 1677 of 1988. 2. Claiming that the house property at 2/11 Block 'A', Sir Syed Ahmed Road, PS Mohammad­pur, Dhaka was the subject matter of an agreement of sale or 7.1.71 between Dr. Sadrul......man, Court of Settlement and another …………..Respondents Judgment May 19th, 1991. Lawyers Involved: Moksumul Hakim, Senior Advocate (Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the Petitioner ......ourt Appellate Division (Civil) Present: M H Rahman J ATM Afzal J Mustafa Kamal J. Hosne Ara Begum.............................Petitioner Vs. Chairman, Court of Settlement and another …………..Respondents ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ..

Category: Property Law | Date: | Hits: 77

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

.... 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) Moh......K Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Abdur Rab Chowdhury, Advocate, instru......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. ..

Category: Administrative Law | Date: | Hits: 149

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

....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.   ...... by ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Dr Kazi Akhter Hamid, Advocate, instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 1. Mainul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent ......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.   ...... public Car Parking Centre as is evident from the Master Plan of the respondent No. 2; Implementation committee for Removal of Traffic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986..

Category: Environmental Law | Date: | Hits: 293

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

....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. ......ed: SM Munir, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Syed Badrul Alam, Advocate, (with the leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 1, 2, 11, 17, 24 and 39. Not represe......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. ..

Category: Property Law | Date: | Hits: 59