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Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... 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 ......dated 7-4-1993 passed by the High Court Division in Civil Revision No. 1380 of 1991) Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by leave is by the defendant, Bangladesh Shipping Corporation, briefly BSC, from the judgment and orde..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....on wrongly relied on the decisions of the High Court Division and the Appellate Division in the case of A Hannan 40 DLR 273; 42 DLR (AD) 167 inasmuch as the decisions in that case were given in the special facts and circumstances of the case as are not present in these cases. Lastly, he submitte...... mentioned is section 30 and there is no connection between section 19 and section 30. 12. The Customs took an appeal against the decision of the High Court Division 42 DLR (AD) 167 in which leave was precisely taken raising the contention that the notification under section 19 of the Cus..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 630 of 1995. Judgment: Mustafa Kamal J: This petition for leave to appeal by the plaintiff-petitioner from the judgment and order of a Division Bench of the ..Category: Property Law | Date: | Hits: 65
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ...... Against that judgment and order the petitioner preferred First Appeal No. 40 of 1977 and the sane was dismissed by a Division Bench of the High Court Division on 29-3-1993. Petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. The fact relevant for d..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....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 ......m the judgment and Order dated 8-1-95 passed by the High Court Division in Writ Petition No. 2595 of 1994) Judgment Mustafa Kamal J.- This appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......o) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs’ land was illegal for want of proper service of notices as required under the law. Accordingly, leave was granted to consider whether the High Court Division has correctly decided the issue as to ..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... 11. Since the bone of contention in the Writ Petitions was whether the respondents were “surplus public servants” within the meaning of the Ordinance, let us consider this matter, especially when the respondents have specifically so prayed for. 12. The Surplus Public Serva......enue, Segunbagicha, Dhaka, common respondent No. 2 in Writ Petition Nos. 21 of 1993, 116 of 1993, 302 of 1993, 414 of 1993, 1 of 1993 and 712 of 1993 is the sole appellant in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Co..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....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. ...... No. 2 of 1996. (From the judgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335 of 1995). Judgment ATM Afzal CJ.- This appeal by leave by the complainant petitioner is from an order dated 14 November, 1995 passed by a Division Be..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....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 ......6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 1985). Judgment ATM Afzal CJ.- This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divi..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....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 ......e Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). Judgment Latifur Rahman J.- This appeal by leave at the instance of the pre-emptee-appellants is against the judgment and order dated 1-8-93 p..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....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 ......ndent No.1. Not represented—Respondent Nos. 2-36. Civil Appeal No. 2 of 1995. Judgment: Md. Ismailuddin Sarker J: This appeal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division w..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....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 ......r dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 of 1991). Judgment: Md. Ismailuddin Sarker J This appeal by leave by the appellant is from the judgment and order dated June 7, 1994 passed by the Administrati..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......absolute after setting aside the appellate judgment and decree and dismissed the plaintiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Pr..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... 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 ......Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central theme of this appeal by leave by defendant Sadharan Bima Corporation from the Judgment and decree of the Admiralty Court of..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....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 ......6.6.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 399 of 1984). Judgment Mustafa Kamal J.- This appeal by leave by the appellant Assistant Custodian, Enemy Property, Vested & Non-Resident (L&B) and..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....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 ......ndant, Civil Revision No. 885 of 1986 (Dhaka), a Single Judge of the High Court Division, by the impugned judgment and order dated 26 January 1992, set aside the said decree and now this appeal by leave from the said judgment. 2. Plaintiff-appellant instituted the aforesaid suit on the av..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....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 ......e Judgment and order dated 26.6.94 passed b the High Court Division in Civil Revision No.668 of 1989). Judgment: Latifur Rahman J This appeal by leave b the defendant is against the judgment and order dated. 26.6.94 passed by a Single Judge of ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....eally attained the age of 25 years on 1-1-95 or not, undoubtedly became an election dispute. For proper adjudication of election dispute President’s Order No. 155 of 1972 provides under Chapter V a special forum and procedure. An election dispute can only be raised by way of an election in the man......it Petitioner No. 47 of 1995). Judgment Md. Abdur Rouf J.- The appellant, an elected Member of Parliament, in a parliamentary by-election held on January 25, 1995, has preferred this appeal by leave against the judgment and order dated 19 January, 1995 passed in Writ Petition No. 47 of 1995 b..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... in Civil Revision No. 50 of 1985). Judgment: Md. Ismailuddin Sarker J: This appeal by the: plaintiff-appellants by leave granted by this court in Civil Petition for leave to Appeal No. 224 of 1986, is against the j..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....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 ......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