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Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

.......................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Md. Abdus Sobhan, Advocate, instruct......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 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondent..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....143; Sar Anjam Khan vs. Afzal Khan, PLD 1972 Peshawar 37; State of Pakistan and another vs. Mehrajuddin, PLD 1959 SC (Pak) 147.  Lawyers Involved:  Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant.  Dr. Rafiqur Rahman, Senior Advocat......njam Khan vs. Afzal Khan, PLD 1972 Peshawar 37; State of Pakistan and another vs. Mehrajuddin, PLD 1959 SC (Pak) 147.  Lawyers Involved:  Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant.  Dr. Rafiqur Rahman, Senior Advocate (MA Baqu......p; With this modification in the decree the appeal is dismissed without any order as to costs.  Ed.   This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......p; Shahabuddin Ahmed CJ  MH Rahman J  ATM Afzal J  Mustafa Kamal J   Latifur Rahman J   Rabjel Mondal .........................Appellant   Vs.  Didar Mondal and others.................. Respondents  Judgment  Novemb..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

....pellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record- For the Appellan...... Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record- For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For Respondent Nos. 1‑3. Mansur Habib, Advocate, instructe...... 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 ......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents ..

Category: Property Law | Date: | Hits: 62

State Vs. MA Malik, 1995, 24 CLC (AD)

....lved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Advocate‑on‑Record-For the Petitioner. Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appea......ip;………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Advocate‑on‑Record-For the Petitioner. Kh. Mahbub Hossain, Senior Advoc......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Supreme Court Appellate Division (Criminal) Present : MH Rahman J ATM Afzal J Mustafa Kamal J State...........................Petitioner Vs. MA Malik……………………….Accused..

Category: Criminal Law | Date: | Hits: 64

Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)

....1 All ER 1121; British India Steam Navigation Co. Ltd. vs. Sharimughavilas Cashew Industries and others (1990) 3 SCC 481. Lawyers Involved: Moudud Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Petitioner. Rafique‑......on (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31..

Category: Admiralty Law or Maritime Law | Date: | Hits: 228

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

....yan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. Ziaur Rahman Khan, Advocate (appeared with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 ......Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. Ziaur Rahman Khan, Advocate (a......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... raised some other points which will be noticed in due course. Mr. Ahmed's first and main submission is based on the doctrine of promissory estoppel for which he relied on the cases of MP Sugar Mills Vs. State of UP and VR Vora Vs. Board of Trustees of the Port of Bombay AIR 1979 (SC) 621 and AIR 19..

Category: Property Law | Date: | Hits: 79

Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)

....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 ...... Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record ‑For the Appellant. Amirul Kabir Chowdhury, Deputy Attorney ­General, instructed by B. Hossain, Advocate-­on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From th......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 ......ppellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Engineer Afsaruddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment Ju..

Category: Criminal Law | Date: | Hits: 76

Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)

....35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Appellants. AJ Mohammad Ali......D) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Appellants. AJ Mohammad Ali, Advocate......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Respondents Judgment July 13th, 1994..

Category: Civil Law | Date: | Hits: 106

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

.... 47 DLR (AD) (1995) 01 ......‑21). Union of India vs. Subramanian AIR 1976 (SC) 2433 and Union of India vs. Tulsiram Patel AIR 1985 (SC) 1416; LR Khurana vs. Union of India. AIR 1971 (SC) 2111; Bangladesh vs. Zahangir Hossain 34 DLR (AD) 173; Council of Civil Service Unions and others vs. Minister of Civil Servicc(1......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 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment ..

Category: Constitutional Law | Date: | Hits: 203

Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)

....84 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......medy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Dr. Ahmed Hossain, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record- For the Respondent Nos. 1......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......t: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khaledur Reza Chowdhury (Md)……………………………………………..Appellant Vs. Saleha Begum and others…………………….Respondents Judgment August 14, 1996. ..

Category: Property Law | Date: | Hits: 59

AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)

....d. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioner. Rafique-ul-Huq, Sr Advocate, Kazi Shahadat Hossain & Shorful Islam Khan, Advocates with him), instructed by MW. Md. Wahidullah, Advocate-on......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ...... Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, ..

Category: Election Law | Date: | Hits: 133

Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

....e set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......erred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by M. Nawab Ali, Advocate-on -Record-For the Appellant. Md. F......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......nal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment      Augu..

Category: Criminal Law | Date: | Hits: 85

Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)

....MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......cted by Md. Sajjadul Haque, Advocate- on-Record- For the Petitioner. (In Civil Petition No. 39 of 1994). Mainul Hosein, Advocate, Jainul Abedin, Advocate with him), instructed by Md. Aftab Hossain Advocate-on-Record - For the Respondent No. 1.(In Civil Appeal No. 78 of 1994) M Sha...... 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 ......ellant [In Civil Appeal No. 18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others…………………&helli..

Category: Employment/Service Law | Date: | Hits: 77

Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)

....MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......llector of Customs, Chittagong and Others………………………………………..Petitioners Vs. Ahmed Hossain and 39 Others………………………&hellip...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......dhury J Collector of Customs, Chittagong and Others………………………………………..Petitioners Vs. Ahmed Hossain and 39 Others…………………&helli..

Category: Business or Commercial Law | Date: | Hits: 126

Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)

....) (1996) 198 ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J        Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Delwar Hossain Khan (Md)…………………………&h......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 ......din Sarker J Delwar Hossain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another…………………&he..

Category: Property Law | Date: | Hits: 65

BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)

....The petition was accordingly dismissed. ...... Madras, AIR 1950 (SC) 124; Express Newspaper Limited vs. Union of India, AIR 1958(SC) 578; Sakal Papers Ltd. and others vs. Union of India 1962 (SC) 305. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record — For the Appellant (In Civil Appeal Nos. 76 & 77 of 1993) ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ...... another………………………………………… Appellants (In Civil Appeal Nos. 16 & 17 of 1996) Vs. AM Shamsuddin & others…………………&hell..

Category: Intellectual Property Law | Date: | Hits: 279

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

....Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......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 ......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 ...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. ..

Category: Business or Commercial Law | Date: | Hits: 136

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....d. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Aftab Hossain Advocate -on-Record—For the Petitioners. AW Bhuiyan, Additional Attorney-Gen......an vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Aftab Hossain Advocate -on-Record—For the Petitioners. AW Bhuiyan, Additional Attorney-General instr......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.......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Judgment ..

Category: Property Law | Date: | Hits: 80

Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)

.... is also reported in: 48 DLR (AD) (1996) 171 ......hellip;…………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-on-Record — Fo......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ces Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………………… Appellant (In all the Appeals) Vs. Nasrin Banu and 5 others……………………&..

Category: Constitutional Law | Date: | Hits: 161

Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)

.... This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......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. ......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. ......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdur Rahim @ Md. Abdur Rahim.................... Complainant-Appellant Vs. State.......................................................... Respondent Jugement Au..

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