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Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......rom 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and children were at that time living at Magura Town. Enclosing medical certificates he applied for extension of leave till 8.7.76 as the condition of his alling father and wife deteriorated. The......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......Superintending Engineer and others....................Appellants Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Shamsul Haque Siddique, Advocate‑on‑Record- For the Appellants..Category: Property Law | Date: | Hits: 124
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......ministrative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from s......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..................................Respondent Judgment June 19th, 1995. Case Referred to- Bashir Ahmed vs. Bangladesh lute Mills Corporation and others 44 DLR (AD) 267. Lawyers Involved: Sirajul Huq, Advocate, instructed by Sharifuddin Chaklader, Advocate‑..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......r in the Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, Civil Aviation Authority of Bangladesh, by abolishing the Departmen......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... 1987 (SC) 948; Baikuntha Nath Das Vs. Chief District Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 (SC) 563; Union of India Vs. JN Sinha, AIR 1971 (SC) 40. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mr. Serajuddin Ahmed, Advoc..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......n the order. 4. In the afternoon of the 4th July, 1995 the reference was received with a forwarding letter addressed to the Secretary of the Chief Justice and signed by the Secretary, Ministry of Law, Justice and Parliamentary Affairs with a request to place the Reference before the Chief Justic..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......and taken into custody by the police of Mirpur police station in connection with Mirpur Police Station Case No. 30(6) 94 under section 19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......sult: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynul Abedin Advocate with him), instructed by Md..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......irected against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......afa Kamal J Latifur Rahman J Golam Rahman .................Appellant Vs. Hazera Khatun ........................Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ...... M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a tr......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ...... 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (1869) 4 Ch. 783; (1875) 10 Ch A 273; (1875) 10 Ch A 55. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate‑on&..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsb..Category: Business or Commercial Law | Date: | Hits: 114
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......n CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Khatun in the night following 14 May 1987. The High Court ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 DLR (AD) 225. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. M Shamsul Alam, Deputy ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....il Post) Rules 1983 the High Court Division was misdirected to the question of constitutionality of the said Rules. The Rules, promulgated by the Chief Martial Law Administrator in pursuance of the Proclamation of 24th March, 1982, was protected when the martial law was lifted with effect from No...... On 18 December 1988 he was appointed as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas......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 Martial Law Orders Nos. 103, 132 and 135. After the specified period of his contract the appellant ...... Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, instructed by Shamsul Haque S..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......w, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ............................Appellant Vs. The 1st Court of Settlement and others............Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑R..Category: Property Law | Date: | Hits: 86
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......or the Petitioner. ANM Gaziul Haque, Senior Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ...... Vs. Aminur Rahman & another.............................................Petitioner‑Respondents Judgment November 15th, 1994 Lawyers Involved: Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....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 ......e, Madaripur, under section 526 of the Criminal Procedure Code. The said case is Sessions Case No. 29 of 1990 under various sections of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned......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 ......s Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other................................Respondents Judgment August 23rd, 1994. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record ‑ For the Appellant. ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......wdhury, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Respondent No. 1. Respondent Nos. 2‑10‑Not represented. Criminal Petition for Leave to Appeal No. 45 of 1994. Judgment: &nb......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......ifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994. Lawyers Involved: AKM Faiz, Advocate (appeared with leave of the Court), instructed by M Naw..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......ment 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, Chittagong Port Authority, Chittagong be set at liberty. 2. ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......Gholam Mani vs. Government of West Pakistan, 19 DLR (SC) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Deputy‑Attorney General, instructed by Sharifuddin Chaklader,..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......vision dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circum......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......oji Rao, AIR 1965 SC 1405; Latifur Rahman vs. Golam Ahmed Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hoss..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ...... MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate‑on‑Record -For the Petitioner. Not Represented ‑For the Respondent. Criminal Petition for leave to Appeal No.92 of 1994. Judgment: &nbs......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ................Accused‑Petitioner Vs. State………………………….Respondent Judgment August 30th, 1994. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate&#..Category: Criminal Law | Date: | Hits: 74
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 ......o. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise ......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 .......................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....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. ......ift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void......ccessive legatees upon the death of legator in enjoyment by section 4 of the West Pakistan Shariat Application Act, 1962, and (4) the termination of wakf‑al'al aulad in lands by paragraph 10 of the Martial Law Regulation, 1964;which vindicate the Muslim Law stand, regarding limited interest of lif......nbsp; November 8, 1994. Result: The decree is dismissed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... 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 ......tly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated...... 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 .............................Appellants 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-..Category: Property Law | Date: | Hits: 62
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