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Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....endant No. 7 Al Baraka Bank (Bangladesh) Limited favouring defendant No.6 which is the Hongkong supplier of cement. Defendant No. 6 chartered the vessel MV Global Trader, defendant No. 1, under a time charter and shipped the cement and issued bills of lading on behalf of the Master of defendant......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... suppressed in the Acquisition proposal. Again, seven months after the issuing of the rectification order (Annexure‑E), the Government, obviously at the instance of the RAJUK, raised, for the first time, the question of the appellant's title to the land. This is a lame excuse, for in the case of a......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....r local inspection and accordingly, one Mr. Abdul Huq, Advocate was appointed as Commissioner to file report within 3 days. The Advocate Commissioner filed his report on 22.10.90 swing that at the time of inspection of the suit land the defendants and many local persons were present and that a p......sued notices to show cause within 7 days and further issued an order for maintaining status quo till the disposal of the application. Later on the same (lay the plaintiff filed an application for appointment of an Advocate Commissioner for local inspection and accordingly, one Mr. Abdul Huq, Ad..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....illegally”, the second “irrationality” and the third "procedural impropriety". That is not to say that further development on a case by case basis may not in course of time add further grounds. I have in mind particularly the possible adoption in the future of......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... in the suit land. 3. The deceased defendant Habiba Banu and respondent Nos. 1 and 2 filing written statements contended that the appellant having not performed his part of the contract within the time stipulated and time being of the essence of the contract was not entitled to specific performan......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)
....947 in Special Case No. 7 of 1991, Special Case No. 11 of 1992 and Special Case No. 19 of 1993 and sentenced to suffer 3 years, 7 years and 3 years simple imprisonment respectively thereunder. At the time scrutiny the petitioner filed objection before respondent No. 2 and submitted that respondent N......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 ..Category: Election Law | Date: | Hits: 133
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
.... in the second schedules as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed two thousand f......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)
.... 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......ibunal created by the appellant. On the basis of competitive examination and interview and after observing all formalities of quota system for freedom fighters, districts and women they were given appointment variously as Additional Register Stenographers, Typists, Upper Division Clerks L..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