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Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......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...... bounden duty of a husband, irrespective of his minority, illness or imprisonment or the richness of the wife, so much so that the obligation devolves on the father of a minor husband with a right of recovery against him when he is in a position to repay. the amount as held by Amir Ali on the author......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)
....nd 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. ......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. ......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)
....istrative 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 ......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 ......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)
....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. ......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. ......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
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....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 ......shall be entitled to the benefit of this section in respect of any premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth ...... made if rent paid at allowable rate: (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (IV of 1882). or the Contract Act, 1872 (IX of 1872), no order or decree, for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full ex......, 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 ..Category: Tenancy Law | Date: | Hits: 82
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ied 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 ......cause we are satisfied from the facts disclosed in the FIR and the charge-sheet that a prima facie case of forgery, etc. has been made Out therein and the proceeding has remained pending for a long time because of the issuance of the Rule by the High Court in 1991 which has been disposed of by th......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)
....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 ......or a cash of Taka 5,60,000.00 and transferred their shares to the wife and minor son of Tofayel Ahmed and resigned from the directorship on 31-12-86 upon receipt of the said amount in cash. In due time they executed two instruments of transfer of shares in favour of the wife and minor son of Tof...... 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 ...... 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 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....iled 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 ......85 (Annexure “F”) but the Ministry of Education was not acting in pursuance of the decision of the Ministry of Establishment finalised through the Public Service Commission. In the meantime many of the teachers of the nationalised colleges retired and some of them were on the verge o......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
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......d 17-2-83; that he submitted representation for regularization of his appointment but he was informed by order dated 17-8-83 in the negative; that in 1983 a draft seniority list was prepared. At that time he was posted at Islamabad as a Counselor below the rank of Deputy Secretary. Respondent No. 1 ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....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 ......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 ...... as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without any prayer for recovery of khas possession, he dismissed the suit. On appeal the lower appellate Court concurred w......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 ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....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 ......rd arrived at a finding that Nasima Khatun is not the daughter and heir of original lessee Mobina Khatun and that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Division upon taking into consideration of such clear f......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 ......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 ..Category: Property Law | Date: | Hits: 48
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
.... appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......tioner has no equally efficacious remedy. The Customs Act relaxes this condition by provisos. The petitioner can still prefer an appeal to the Board of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ petition may be a good cause for entertaining th......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....d 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 ......under section 5 of Ordinance No. 54 of 1985. Their further case is, that the petitioner brought Title Suit No. 659 of 1983 in the First Court of Munsif, Dhaka for a declaration of his title to and recovery of possession in the disputed house and the suit was dismissed on contest on 30.9.85. Appe......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 ..Category: Property Law | Date: | Hits: 58
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... 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 ......y tender and it was also disclosed in the plaint that there was negotiation with plaintiff No. 1 with the Bank on several occasions and defendant No. 1 Bank had given the plaintiff No. 1 sufficient time to settle the matter amicably.” “In the plaint it is merely alleged th......r nor a bidder. There is no provision under Article 34 for the sale of the property by private negotiation in an arbitrary and malafide manner. The Bank filed Miscellaneous Case No. 91 of 1991 for recovery of their alleged balance dues from the personal properties of the Directors of petitioner ...... 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)
....ide 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 ...... MH Rahman J: On 30 March 1987, the Appellant retired as Senior Principal Officer of the Bangladesh Krishi Bank after completing 29 years service. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and there was Fund Re......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 ......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
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ious 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 ......allotment at the rate of Tab 1 crore per bigha . It was also stated in the First Information Report that the Rules of the then DIT required the allottees of plots to pay the price thereof either at a time or by instalments with interest. The present petitioner requested the Minister of Works to allo......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
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......43 of 1993 was a student of 3rd year MBBS of the same College bearing Roll No. 37. Session 1989-1990, and was elected Assistant General Secretary of the same College Students’ Union at the relevant time. Respondent in CA No.73 of 1994 and petitioner in WP No. 2195 of 1993 was a student of 5th year......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......incident at the doctor’s cafeteria of the Chittagong Medical College Hospital on the 18th October 1993 between 11-30 AM and 12-00 noon. Admittedly, some persons entered into the cafeteria with fire-arms and opened fire indiscriminately, as a result of which a doctor and two outsiders were killed a..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....ing 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 ......d from the computation of the period of 5 years during which the petitioner-company would enjoy the exclusive right of operating the said system in Bangladesh as the petitioner was deprived of the time lost owing to the wrong committed by BTTB in canceling the licence. The invitation of tender o......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)
....is 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...... cellular radio telephone system by the joint venture company HBTL. Whether the show cause notice dated 12.1.92 (Annexure J to the writ petition) was at all a show cause notice, whether BTL had still time to apply for permission from BTTB, if permission was at all needed, whether the impugned order ......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......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..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
.... 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 ......opinion, is not also in conformity with the principles of equity, justice and good conscience because the plaintiffs never expressed their desire for pre-empting the structures also at or about the time when the transfer was made. It is in evidence that defendant No.1 with her family had been liv......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 ......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 ..Category: Property Law | Date: | Hits: 84
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