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Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... High Court Division that the plaintiff had business of contract with the corporation after his termination. In support of his contention the learned Counsel placed before this court for the first time Annexures ‘A’ ‘B’ ‘C’ and ‘D’ by an applicatio...... 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 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....t any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if any, realised from any writ-petitioner or petitioners in excess of the rate in force at the time of opening of the letter of credit. 10. The learned Additional Attorney General, in the...... 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
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....ayun Hossain Khan, learned Advocate, as usual, prayed for an adjournment which was granted. On 8-4-1996 when the appeals again appeared for hearing Mr. Humayun Hossain Khan was not to be found this time, and Mr. Md. Aftab Hossain, learned Advocate-on- Record, appearing for the appellant, Text Boo......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)
....ents and the neighbouring people owing to its leaning on the north-western side. The appellant showed cause within 24 hours on 22-12-94 (Annexure E) stating that he kept the required spaces at the time of construction in 1986 but owing to fresh measurement for settling boundaries with neighbour......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 ..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)
....ant made a policy recommendation I absorbing the retrenched employees of the tern Additional Benches of the Taxes Appellate Tub whose tenure expired on 14-1-92 on the ground inter alia, that at the time of establish temporary Benches it was visualized that their ten may have to be lengthened. Th......Ordinance which is as follows “5. Absorption of surplus public servants.—(1)A surplus public servant shall, as far as practicable, be absorbed in a post carrying the sonic scale of pay of the post which he held immediately before becoming surplus had corned: P..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ted that since a prosecution begins with the framing of charge it was enough if the Special Judge received the sanction before actually framing the charge and he having called for a police report the time for writing to the Government for sanction was yet there. In the facts of the case, not writing......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....ute 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 had died on 4-4-1972. 2. Leave was granted mainly on the ground that the High Court......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
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....ession of the case land for 13/14 years after constructing house in the case land. 11. On a careful consideration of the evidence of PW 1 Lehajuddin (pre-emptor) it appears that he the first time came to know about the transfer from PW 2 Sekander All, uncle of PW 1 Lehajuddin who lives in......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 ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....cree on condition of payment of Taka 300.00 as costs by the appellant on the finding that no summons was served upon the appellant and that he came to learn about the ex parte decree for the first time on the date as alleged by him. 6. Against the aforesaid order of the Subordinate Judge ......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)
....ined leave to appeal from this Division and preferred Civil Appeal No. 82 of 1992 before this Court. This Division allowed the appeal by the judgment and order dated July 26, 1993 holding that the time spent on review before the President under the Government Servants (Discipline & Appeal) R......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....n accordance to (sic) the policy condition is that the measure of indemnity in respect of claims for unrepaired damage shall be the reasonable depreciation in the market value of the vessel at the time the insurance terminates arising from such unrepaired damage. It may be stated that the vessel...... 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)
....o whether the objector-appellant was a representative of the judgment-debtors. The learned Munsif again dismissed the Miscellaneous Case on 8.12.83 holding that the decree-holder was insane at the time of the judgment. On a further appeal by the objector-appellant. Miscellaneous Appeal No.28 of ......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)
....ccupant, the learned Assistant Judge surprisingly did not take any issue in that behalf for consideration. The learned Assistant Judge found the defendant to be a defaulter for depositing rent at a time in the House Rent Controller’s office. She also found that the suit premises was by the ......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
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....nce the document is false. 13. We have seen the entire document and we find that in all other places by the side of each coupon there is the signature of Mirza Murshal Hossain. For the first time, Mr. Khandker Mahbubuddin Ahmed pointed out before us that this document is not genuine, where......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....12-94 by the Election Commission, the appellant along with respondent 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 allegin......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....irst party shall be exercised by the First Party by having the child sent over to his residence at 405E, Road No. 27 (Old) Dhanmondi Residential Area, Dhaka three days a week for about 3 hours each time as follows by the Second party in her transport: Monday : 10-00 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ppellant, submits that the traditional Hanafi Law on past maintenance to a wife has been stated in Baillie’s Digest at page 443 as follows: “When a woman sues her husband for maintenance for a time antecedent to any order of the Judge or mutual agreement of the parties, the Judge is not to de......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....committee cancelled their earlier decision and asked for a fresh local tender by resolution dated 11-6-87. The aforesaid tenderers and another except Bashir & Co. submitted their tenders and this time also lqbal Engineering Works was found to be the lowest tenderer whose offer was accepted by th......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....and set aside the order of retirement on the ground that the departmental proceeding falls within the mischief of Rule 7(11) of the Rules of 1984 as the said proceeding was not completed within the time limit prescribed by this Rule. The Administrative Appellate Tribunal held that the proceeding ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....demption. 3. Contesting defendant No.1 (respondent No.1 herein) contended in his written statement that the transfer on 20-5-37 was an out and out sale with a condition of re-purchase. After some time Begumjan received Taka 99.00 from defendant Nos. 1-3 and relinquished her personal right to re-......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63