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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 ......ed 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa 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 Insura...... 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 ...... Vs. Bengal Liner Ltd. and another……………………………… Respondents Judgment July 4th, 1996 Lawyers Involved: AR Yusuf, Senior Advocate, (M Hafizullah, Senior Advocate & Manzur-ur-..

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 ...... 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 1959 from the 2nd Court of Munsif, Pabna. He instituted OC Execution Case No. 3 of 1962 which was dismissed for default on 2.5.63. Four other Execution Cases, namely, OC Execution Case Nos. 9/62, 3/63, 5/66 ......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 ......Dhaka) 72. Pingle Venkata Rama Reddy vs. Kakaria Buchanna and others. AIR 1963 Andhra Pradesh (FB) 1 and Laiji Raja and Sons vs. Firm Hansraj Nathuram, AIR 1971 (SC) 974; 27 DLR (Dhaka) 72. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by B Hossain, Advocate-o..

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 ......January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (Dhaka), 611 of 1988 (Rangpur). Judgment ATM Afzal CJ.- Plaintiff-Appellant’s suit for eviction of the defendant-respondent from the suit shop, SCC Suit No. 1 of 1985 of the SCC Cour......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 ...... Md. Arifur Rahman @ Badsha Chairman………………………………..Defendant Respondent Judgment May 27, 1996. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, ..

Category: Property Law | Date: | Hits: 52

Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)

....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......ent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer alleging that the appellant did not then attain 25 years of his age as pr......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......d others…………………….. Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Ad..

Category: Election Law | Date: | Hits: 129

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 ......passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Sye......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 ...... Matin and others……………………………………. Defendant-Respondent Judgment April 2nd, 1996. Lawyers Involved: M A Malek, Senior Advocate (KZ Alan, Advocate with him), instructed by Sha..

Category: Family Law | Date: | Hits: 162

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

....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. ......mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y......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. ......Veettil Kalimabi, 41 ILR (Madras) 211; Abdul Futter Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Tamizul Huq Vs. Shamsul Huq, 43 DLR (AD) 34; Adnan Afzal Vs. Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Mrs. Rabeya Bhuiyan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-R..

Category: Family Law | Date: | Hits: 198

State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)

....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. ......alias Mohammad Shahidul Hoque and Mahmood Abdullah Sarder of Criminal Appeals Nos. 17 and 18 of 1992 are Sub-Assistant Engineer and Assistant Engineer respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in......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. ......0, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kanji Shirji, (1912) Criminal Law Journal (Vol. 13) 285; Lutfar Rahman Vs. State 21 DLR 933; Mozaharul Huq Vs. State, 33 DLR 262; ..

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

Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ...... BLD (AD) 1993 54=45 DLR (AD) 98. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by t......the same was also dismissed by the Appellate Tribunal. Against that impugned judgment the present leave petition has been filed by the petitioner. 2. The petitioner was convicted by Special Martial Law Court No. 8 at Jessore in Case No. 14 of 1982 under 11/9 Martial Law Regulations on 12-.......Respondents Judgment January 11th, 1996. Cases Referred To: Mujibur Rahman, Ex-Collector of Customs vs. Government of Bangladesh 13 BLD (AD) 1993 54=45 DLR (AD) 98. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not ..

Category: Administrative Law | Date: | Hits: 107

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....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. ......ing the Rule in Civil Revision No.183 of 1984 and affirming the concurring judgment and decree of the 3rd Court of Subordinate Judge, Chittagong dated 19-4-84 in Other Appeal No.204 of 1982. The suit for redemption of mortgage, Other Suit No. 67 of 1978, was dismissed by the 5th Court of Munsif, Sad......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. ...... Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Chandra Dey Vs. Ram Dayal Datta, 30 CWN 371. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Muhammad, Advocate ..

Category: Property Law | Date: | Hits: 63

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

...., 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 ...... 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1991). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ is part of......, 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 ......��………………………… Respondent Judgment January 18, 1996. Cases Referred to- Meherunnessa vs. A Latif 38 DLR (AD) 196; Residence Limited vs. Surendra Mohan Banerjee, Calcutta Law Journal (Vol. 87) 322; SK Chatterjee vs. Residence Limited 58 CWN 607; Karnani Properties, Limit..

Category: Tenancy Law | Date: | Hits: 82

Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)

....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......wyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 150 of 1995. (From the judgment and order dated 3 August 1994 passed......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......ts Judgment August 27th, 1995. Cases Referred to- Tamizunnessa vs. Umar Ali reported in 18 DLR 572; Sale Mohammed vs. Mosammat Ayesha Khatoon Choudhurani 20 DLR 376. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M. Nawab Ali, Advocate-..

Category: Property Law | Date: | Hits: 56

Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)

....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 ......am (Sujan), Advocate, (appeared with leave of the Court) instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by......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 ......1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 36 DLR (AD) 14; Abdul Quader Chowdhury vs. State 28 DLR (AD) 39. Lawyers Involved: Nurul Islam (Sujan), Advocate, (appeared with leave of the Court) instruc..

Category: Criminal Law | Date: | Hits: 71

Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)

.... 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 Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Cour...... 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 ......20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (1916)1 KB 688). Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Sharjfuddin Chaklader, Advoc..

Category: Business or Commercial Law | Date: | Hits: 118

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

....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 ......;………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&helli......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 ......;………………………….. Respondents [In Civil Petition for Leave to Appeal No. 431 of 1992] Judgment February 12, 1996. Lawyers Involved: A W Khondker, Additional Attorney-General, instructed by Mvi. Md. Wahidul..

Category: Constitutional Law | Date: | Hits: 174

Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)

....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. ...... of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured……�......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. ......t is accrued to him Appellate Division in exercise of jurisdiction under Article 104 of the Constitution may provide the remedy on appeal under article 103 of the Constitution…………….(13) Lawyers Involved: KZ Alam, Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record �..

Category: Administrative Law | Date: | Hits: 167

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....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 ......lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7......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 ...... Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another vs. Pounuswami Naiker and others 1964 (Mad.) 327; Md Joynal and others vs Md Rustam Ali Mia and others, 36 DLR (AD) 240. Lawyers Involved: A J Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, Ad..

Category: Property Law | Date: | Hits: 72

Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)

....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......n vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by th......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......d others …………….Respondent Judgment August 13th, 1995 Case Referred to- Md. Shajahan vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: NH Khondker, Advocate-on-Record— For the Petitioner Not Repre..

Category: Others | Date: | Hits: 98

Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)

....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 ......tioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by th......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 ......ple’s Republic of Bangladesh, represented by the Secretary Ministry of Works and another ……………..Respondents Judgment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Recor..

Category: Property Law | Date: | Hits: 58

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......in Criminal Miscellaneous Case No. 1118 of 1994 making the Rule absolute 2. The complainant respondent filed a petition of complaint under sections 499/500/501/of the Penal Code on 16.4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Crimin......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR 103. Lawyers Involved: Serajul Huq, Senior Advocate, (AKM Nazrul Islam, Advocate with him), inst..

Category: Criminal Law | Date: | Hits: 60

Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)

....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Khalequzzaman (Md)…………………………………...Informant-Appellate vs. Md. Illias and others ……………......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......llip;………………………………………Accused- Respondents Judgment November 21st, 1994. Lawyers Involved: Mahbubey Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record&m..

Category: Criminal Law | Date: | Hits: 63

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