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Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....e President's Secretariat was informed that the appellant could not be appointed as a Director on permanent basis and that his prayer cannot be considered because there was no such provision in the Rules of the Corporation though there was scope for absorption in the civilian post according to M......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....e out of two different proceedings. 3. Civil Appeal No‑80 Of 1993 is from judgment and order dated 29 July, 1993 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 688 of 1989. Appellant filed the said writ petition calling upon the resp......ation and after liberation his where about was not known and the case property vested in the Government as abandoned property under President's Order No. 16 of 1972 and the same had been under the absolute control, management and supervision of the Government through different allottees. The app..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
..... Civil Petition for Leave to Appeal No. 338 of 1994 (From the Judgment and order dated 11.5.94 passed by the High Court Division, Dhaka in Civil Revision No. 2093 of 1993 with Civil Rule No. 96(R) of 1994). Judgment: &nb......tion of temporary injunction and disallowed the appeal. Against that order plaintiffs preferred Civil Revision No. 2093 of 1993 and the learned Single Judge of the High Court Division made the Rule absolute with a direction to dispose of the suit expeditiously within a period of three months. Def..Category: Civil Law | Date: | Hits: 95
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....the respondent‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corpo......dent‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, wa..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....nbsp; ATM Afzal J- This petition is from judgment and order dated 4.1.1993 passed by a Division Bench of the High Court Division in Writ Petition No. 1143 of 1991 making the Rule absolute and declaring Memo dated 17.12.1990 issued by respondent petitioner No. 2. T...... ATM Afzal J- This petition is from judgment and order dated 4.1.1993 passed by a Division Bench of the High Court Division in Writ Petition No. 1143 of 1991 making the Rule absolute and declaring Memo dated 17.12.1990 issued by respondent petitioner No. 2. The Ch..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....visions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite party or the State, but allowed the application and ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....of Criminal Procedure before the Sylhet Bench of the High Court Division, Criminal Revision No. 61 of 1989, for quashing of the proceeding in GR case No.76 of 1986 so far as they werd concerned. A Rule was issued and the case on transfer to Dhaka was renumbered as Criminal Revision No. 3332 of 1......e heard together by a Division Bench which by the impugned judgment Judge. and order dated 6 September, 1993 discharged the Rule in Criminal Revision No, 46 of 1993 as not pressed and made the Rule absolute in the other case, that is, Criminal Revision No. 3332 of 1991. 11. The learned Ju..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....Afzal J.- This appeal by the Government following leave is from judgment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Offi...... J.- This appeal by the Government following leave is from judgment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, ..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....t. 1 elaborately and after considering several decisions concurred with the lower appellate Court that Ext, 1 confers on the plaintiff the right of enjoyment of usufruct during her lifetime only, The Rule was discharged. It appears from the revisional application before the High Court Division that ......34, which is as follows: "In dealing with a gift under Muslim Law, the first duty of the Court is to construe the gift. If it is a gift of the corpus, then any condition which derogates from absolute dominion over the subject of the gift will be rejected as repugnant; but if upon constructi..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....ment of the plaint for a further declaration that the appellants are not the son and daughter of the said Syed Mohammad Azam. The prayer for amendment having been allowed the appellants obtained a Rule on 19.2.92 from the High Court Division in Civil Revision Case No. 76 of 1992 which is pendin...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
..... ATM Afzal J.- This appeal by leave by an unsuccessful writ‑petitioner is from judgment and order dated 13 February, 1992 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The appellant, a private limited company, is engaged...... This is a good reason for which private interest must yield to public interest. There was no scope for the High Court Division to interfere with the impugned orders because in case the Rule was made absolute, the order dated 27.1.90 would revive and the effect would be to ignore the reality of an a..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....ainst him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....983 of the Ministry of Defence, the Government gave approval to the proposal for the appellant's compulsory retirement from the Military Service under section 16 and rule 12 of the Army Act and the Rules respectively. On the basis of that order the appellant was released on 1 August 1983. On 17 A......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)
....amal J.- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 of 1993 making the Rule absolute and setting aside judgment dated 6-2-93 passed by the 2nd Court of Subordinate Judge S......J.- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 of 1993 making the Rule absolute and setting aside judgment dated 6-2-93 passed by the 2nd Court of Subordinate Judge Sylhet..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
.... 1990). Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute in Criminal Revision Nos. 371 of 1989 and 490 of 1990, thereby setting aside the orde....... Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute in Criminal Revision Nos. 371 of 1989 and 490 of 1990, thereby setting aside the order date..Category: Criminal Law | Date: | Hits: 85
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....angladesh Shipping Corporation, briefly BSC, from the judgment and order dated April 7, 1993 passed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for d...... 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)
.... 40 petitions, at the instance of the Collector of Customs and others, arise out of a common judgment and order dated 13 April, 1994 passed by a Division Bench of the High Court Division making the Rules absolute in the respective writ-petitions filed by the respective respondents herein. ......titions, at the instance of the Collector of Customs and others, arise out of a common judgment and order dated 13 April, 1994 passed by a Division Bench of the High Court Division making the Rules absolute in the respective writ-petitions filed by the respective respondents herein. 2. The..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)
....Division granted the certificate under Article 103(2)(a) of the Constitution. Surprisingly, however, no appeal was filed on behalf of the Government as required under Order XII rules 2 and 3 of the Rules of this Division, 1988. The learned Attorney-General, the impugned judgment shows, also praye......cumstances will directly offend the statutory provision and there cannot be any right, much less any fundamental right, which will inspire a violation of the law. This proposition, to our mind, is absolutely basic and there cannot be any two opinions about it that a fundamental right can never b..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....missions, Mr. Ahmed read out from the impugned judgment and that of the High Court Division extensively and made comments which, according to him, invite a review of the impugned judgment. 7. The Rules provide that review of a judgment or order in a civil proceeding may be made on grounds simila......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...Category: Property Law | Date: | Hits: 80
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