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Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

....ecreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability company of Bangladesh, purchased the vessel MV Bengal Pride for US $ 2.5995 million, (we were told by the lear...... J Bimalendu Bikash Roy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another…………………&hel...... 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 ...... 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)

....pellant Vs. Md. Abdul Halim Mia…………………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abd......ent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J ADC (Revenue), Pabna.....................Appellant Vs. Md. Abdul Halim Mia…………………….. Re......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 ......DLR (AD) (1996) 141 ..

Category: Civil Law | Date: | Hits: 133

Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)

....nt thereto the plaintiff left for the United States of America on 3.12.92 for higher studies and after successful completion of his studies he returned home on May 31, 1994. During his absence from Bangladesh defendant No.1 together with her minor child were staying at the residence of her paren......p;………………………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others…………………&h......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 ......e is also reported in: 48 DLR (AD) (1996) 134 ..

Category: Family Law | Date: | Hits: 162

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

....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. ......urt Division Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: T......(AD) 34; Adnan Afzal Vs. Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Mrs. Rabeya Bhuiyan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant. Gour Gopal Shaha, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record - For the Respondent. C......his 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)

....nder papers he also submitted catalogue of EMU pump. In his letter dated 12-10-87 (Ext. 20) for extension of time for supplying the pumps, it was stated that as the said pumps are not manufactured in Bangladesh and as it takes time to procure them and as arrangement was already made to bring them, f......urt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In......e. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Crimina..

Category: Anti-Corruption Laws | Date: | Hits: 92

Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....;……………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ………………………&hell......p;……………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ………………&hel......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ...... is also reported in: 48 DLR (AD) (1996) 99 ..

Category: Administrative Law | Date: | Hits: 107

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

....eld that the instant case falls within the mischief of sub-rule (II) of Rule 7 of the Rules of 1984. This point was specifically noticed in the case of MA Hai and others vs. Trading Corporation of Bangladesh reported in 40 DLR 109, wherein a Division Bench of the High Court Division presided ove......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 ......R (AD) (1996) 97 ..

Category: Administrative Law | Date: | Hits: 122

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

....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 ......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 ...... Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..

Category: Property Law | Date: | Hits: 56

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

....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 ......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 ......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)

....e Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978) as follows: “3. Repeal of Letters Patent. -The Letters Patent insofar as they may have any application in relation to Bangladesh, or to, or in respect of jurisdiction, power and authority of, the Supreme Court of Ban......: 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 ......lso reported in: 48 DLR (AD) (1996) 82 ..

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

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

.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J  Md. Abdur Rouf J Government of Bangladesh……………………………&h......………………………………………………………..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 ......) 1996, 152, 48 DLR (AD) (1996) 75 ..

Category: Constitutional Law | Date: | Hits: 174

Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)

....………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniori......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996......by Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondent No. 1. Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Respondent No. 7. Not represented—Respondent ......ened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..

Category: Administrative Law | Date: | Hits: 167

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. ......sed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..

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

Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)

.... Md. Ismailuddin Sarker J Moinuddin (Md)……………… …………..Lessee Petitioner Vs The People’s Republic of Bangladesh, represented by the Secretary Ministry of Works and another ………&hel......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... also reported in: 48 DLR (AD) (1996) 56 ..

Category: Property Law | Date: | Hits: 58

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

.....4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General Manager of Bangladesh Shilpa Rin Sangstha. He took voluntary retirement from service. He is now the Proprietor...... 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 ......o 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 ...... J Latifur Rahman J Khalequzzaman (Md)…………………………………...Informant-Appellate vs. Md. Illias and others ………………………&helli..

Category: Criminal Law | Date: | Hits: 63

W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)

....udge and Artho Rin Adalat No. 2. Dhaka for a declaration that the sale of the Leather Board Manufacturing industry of plaintiff No. 1 WB Industrial Corporation Ltd. at Kalurghat, Chittagong by the Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, mala...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B  Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana and another …………………&h......t Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..

Category: Business or Commercial Law | Date: | Hits: 107

A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)

....sent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment Janua...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment ......;........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment January 9th, 1995 Lawyers Involved: Shahabuddin Ahmad, Advocate-on-Record For the Appellant. Dr. Rafiqur Rahman, Senior Advocate......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..

Category: Employment/Service Law | Date: | Hits: 150

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

.... Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others………………………&hellip...... Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others………………&helli......rvision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......e Petitioners. 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—Respo..

Category: Property Law | Date: | Hits: 71

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

....lowing framing charges on 17.3.92 by the Senior Special Tribunal Judge, Dhaka in Special Case No.1 of 1992 against the petitioner, a former Vice-President, Deputy Prime Minister and Prime Minister of Bangladesh as also against Lt. General (Retd.) Hussain Mohammad Ershad, a former President and Mr. S......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 ...... is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..

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