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AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)

....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 ......d Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizanur Rahman.………………….Respondent......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 ......ip;.Respondent Judgment November 6th, 1995 Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellants. Abdur Rob Chowdhury instructed by Md. Nawab Ali, Advocate-on-Record,— For the Respondent. Civil Appeal No. 81 of 1994. (Fro..

Category: Administrative Law | Date: | Hits: 122

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Continental Corporation (Pvt.) Ltd………………………….. Defendant-Appellant Vs. Al-Haj Md. Ismail…………………………………………………………… Respon......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... Banerjee, Calcutta Law Journal (Vol. 87) 322; SK Chatterjee vs. Residence Limited 58 CWN 607; Karnani Properties, Limited vs. Miss Augustine AIR 1957 SC 309. Lawyers Involved: Mohammad Rowshan Ali, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Moksudu..

Category: Tenancy Law | Date: | Hits: 82

Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)

....t and order dated January 31, 1993 in Miscellaneous Appeal No. 33 of 1986 affirming those passed by the Assistant Judge, Shailakupa rejecting an application for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The predecessor of the petitioners late Abdus Sa......iluddin Sarker J Shamsul Islam & others …………………………………………..Petitioners Vs. Badiar Zaman alias Bablu and another………………&hell......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......adiar Zaman alias Bablu and another………………… Respondents Judgment August 27th, 1995. Cases Referred to- Tamizunnessa vs. Umar Ali reported in 18 DLR 572; Sale Mohammed vs. Mosammat Ayesha Khatoon Choudhurani 20 DLR 376. ..

Category: Property Law | Date: | Hits: 56

Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)

.... Md. Ismailuddin Sarker J Syed Mohammad Hashem alias Hashim……………………………… Petitioner Vs. State……………………………&hellip......dur Rouf J Md. Ismailuddin Sarker J Syed Mohammad Hashem alias Hashim……………………………… Petitioner Vs. State…………………………&hel......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..

Category: Criminal Law | Date: | Hits: 71

Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)

.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J     Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… ...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......ellip;…………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (1916)1 KB 688). Lawyers Inv..

Category: Business or Commercial Law | Date: | Hits: 118

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

.... Service Commission is not obligatory upon the Government, the High Court Division acted illegally in giving the impugned direction. In this connection he relied upon Jatinder Kumar and others vs. State of Punjab and others (1985) 1 SCC 122 for the proposition that the advice given by the Publi......………………………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil ......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 ......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 ..

Category: Constitutional Law | Date: | Hits: 174

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......arker J Moti Mia……………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Responden......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......(SC) 166; Ramchandra Laxman and others vs. Bank of Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another vs. Pounuswami Naiker and others 1964 (Mad.) 327; Md Joynal and others vs Md Rustam Ali Mia and others, 36 DLR (AD) 240. Lawyers Involved: A J Mohammad Ali, ..

Category: Property Law | Date: | Hits: 72

Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)

....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. ......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarkar J Managing Director, Rupali Bank Limited…………………….Defendant-Appellant Vs. Md. Nazrul Islam Patwary & others …………………………Plaintiff-Respondents ......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. ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 152

Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)

....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......a Kamal (Md)……………………………………………………… Petitioner Vs. First Court of Settlement and others………………&hell......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ...... house in question died on 4.2.72 leaving behind Nasima Khatun, the only daughter as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said ..

Category: Property Law | Date: | Hits: 48

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....lip;………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Ismailuddin Sarker J Yusuf A Hassan.......................................... Appellant Vs. KM Rezaul Firdous………………………......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..

Category: Criminal Law | Date: | Hits: 60

Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)

....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......p;………………Accused- Respondents Judgment November 21st, 1994. Lawyers Involved: Mahbubey Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellant. A K M Nazrul Islam, Advocate, instructed by..

Category: Criminal Law | Date: | Hits: 63

Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)

....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ...... Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others………………&helli......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......ers. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record— For the Respondent No. 9 Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record— For the Respondent No. 6 Not Represented—Respondent Nos...

Category: Property Law | Date: | Hits: 71

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....e Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 Lawy......ppellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..

Category: Anti-Corruption Laws | Date: | Hits: 105

Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)

.... term is ‘bhoromon bhata ” The concept of “travelling allowance” can be appreciated from the different’ Service rules of the Government, Semi-Government, Autonomous Organisations of the State. Under Chapter II, Part I, of Bangladesh Service Rules (BSR) in Rules 5(57) the term has been ...... Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd. and others……………………Respondents Result: The appeal is......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..

Category: Labour and Industrial Law | Date: | Hits: 130

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....;……………….Respondents Judgment June 5th, 1995. Case Referred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishti......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......……………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs. Bangladesh T & T Board & ors........... Respondents (In Civil Appeal No. 73 of 1992......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......es in Bangladesh. A Memorandum of Understanding signed on 7.1.90 between BTL and the said foreign company HTL. Subsequently on 5.4.90 a tripartite joint venture agreement was signed between Mr Sahjad Ali, the then Chairman of BTL, BTL itself and Hutchison Telecommunications (Bangladesh) Ltd. (which ..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ...... Attar Mia and another………………………………………………Plaintiff-Appellants Vs. Mahmuda Khatun Chowdhury being dead her heirs Abdul Malik Chowdhury…&hellip......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ...... August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: TH Khan, Senior Advocate, (AJ Mahmud Ali, Advocate, Supreme Court with him) instructed by Sharifuddin Chaklader, Advocate-on-Record &mda..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 199...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Inv..

Category: Property Law | Date: | Hits: 61

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

....ellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgment A...... Appellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgme......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......llip;………………………………………………….. Appellant [In both the Appeals] Vs. Md. Suruzzamal and others …………………&hellip......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......e liberation of Bangladesh. Deposing in 1988 all the witnesses of the auction-purchaser asserted that Dr. Shamim was a Bangalee and PW 1, PW 3 (the auction-purchaser himself) and PW 2 Md. Sekandar Ali Miah asserted in one voice that Dr. Shamim was present in Bangladesh even in 1988. Both the tri..

Category: Property Law | Date: | Hits: 61