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Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......h Naval Frigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementioned suit against the vessel, her master, agents and others for recovery of US Dollar 23,9......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......ellip;……….Appellants Vs. Ministry of Defence and others………………Respondents Judgment January 15th, 1997 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Wahidullah, Advocat..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ...... Md. Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 pass......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......ellip;………..Petitioner Vs. Fazlul Huq and others ………………Respondents  Judgment March 25th, 1997 Lawyers Involved: SR Pal, Senior Advocate (Fariduddin, Reza, Advocates with him) instructed..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed b......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ...... J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Anti-Corruption Laws | Date: | Hits: 75

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......t 9th, 1995 Lawyers Involved: Md. Serajul Huq, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 128 of 1994       (From the Judgment ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment August 9th, 1995 Lawyers Involved: Md. Serajul Huq, instructed by Md. Aftab Hossain, Advocate-on-Record—..

Category: Administrative Law | Date: | Hits: 120

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......ber 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate instructed by Md Aftab Hossain, Advocate-on-..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ructed by Sharifuddin Chaklader, Advocate-on Record—For the Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed b......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ...... BB Roy Choudhury J State…………. Petitioner  Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: The petition is dismissed. Lawyers Involved: K S Nabi, Attorney-General (Serajul Huq, Senior Advocate with him), instructed ..

Category: Criminal Law | Date: | Hits: 115

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......t Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment:     ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the Session Judge, Thakurg......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......hers………………. Petitioners Vs. State ………………...Respondent Judgment August 4th, 1996 Lawyers Involved: Zamiruddin Sircar, Senior Advocate, Supreme Court, instructed by Shamsul H..

Category: Criminal Law | Date: | Hits: 74

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......nd ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 176 of 1992. (From the judgment and order dated 18-2-92 passed by the Hi...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......intiffs-Respondent Judgment May 13, 1996. Result: The Petition is dismissed. Cases Referred to- Prodip Das and others vs. Kajal Das Sarma and ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Adv..

Category: Property Law | Date: | Hits: 63

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... ABM Nurul Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by t...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......nother………………Accused-Petitioners Vs. State…………….. Respondent Judgment August 22nd, 1996 Lawyers Involved: ABM Nurul Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab H..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......t avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonapur Union Parishad under PS Begumganj lodged a first information report with Begumganj PS against the appellant and another Anwarullah alleging, inter ali...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on..

Category: Criminal Law | Date: | Hits: 98

Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)

....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......rative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellant’s application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ...... vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR ( 26 and Executive Engineer Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64. Lawyers Involved: Shafique Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- F..

Category: Administrative Law | Date: | Hits: 131

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......n aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 under section 392 of I the Penal Code and was forwarded to the Chief Metropolitan Magistrate, Dhaka on 1-2-95 and taken into custody in Dhaka Cen......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ...... Judgment November 20th, 1995  Cases Referred to- Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89, Shameen vs. Government of Bangladesh, 47 DLR (AD) 109. Lawyers Involved: Joynal Abedin, Advocate instructed by Mvi, Md, Wahidullah, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 99

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......of 1986 and setting aside the judgment and decree dated August 3, 1986 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197. Lawyers Involved: Md. Hannan, Senior Advocate, instructed by Md. Nawab Au, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 79

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......LR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17 DLR 119; Abdul Hamid vs. Dr. Sadeque Au Ahmed 21 DLR 507; Sufia Khanam Chowdhury vs. Faizun Nessa Chowdhury, 39 DLR (AD) 46. Lawyers Involved: M A Wahhab Miah, Advocate, instructed by Shantiranjan Karmaker, Advocate-on-Rec..

Category: Tenancy Law | Date: | Hits: 88

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......96. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar, 15 DLR 274; Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, Mahbuby Alam, Advocate with ..

Category: Property Law | Date: | Hits: 60

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ......sed Non-Government High School under the Board of Intermediate and Secondary Education, Rajshahi. Respondent Nos. 1-9 as teachers and respondent Nos. 10-11 as daphtaries of the said school moved the aforesaid writ petition. Their case is that the school was completely damaged in 1980 due to flood. I...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ......rs………………..Respondents-Appellants vs. Md. Anwar Hossain and others……………….. Petitioners-Respondents Judgment July 8, 1996. Result: The appeal is dismissed. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-R..

Category: Employment/Service Law | Date: | Hits: 95

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ...... Bench of the High Court Division in Civil Revision No.  1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District Judge, Tangail under article 27 of the Bangladesh House Building Finance Cor......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......hellip;………..Appellant Vs. Jahan Ara Akhtar & others …………………Respondents Judgment July 22, 1996. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, Shaheed Alam, Advocate with him instructe..

Category: Business or Commercial Law | Date: | Hits: 117

Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)

....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......Appellants. Vs. Zobaida Nahar @ Zharna & ors………………………….. Respondents Judgment October 31, 1996. Lawyers Involved: Shamsul Huda, Advocate, instructed by Md. Rabiul Alam Chowdhury, Advocate-..

Category: Property Law | Date: | Hits: 82

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ershad (1886) LR13 IA 160; Ram Narain vs. Mohammad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90; Mohammad Sadeq Ali Khan vs. Fakhr Jahan Begum (1932) 59 IA (PC) 1. Lawyers Involved: SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on..

Category: Procedural Law | Date: | Hits: 140

Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......lip;………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record ..

Category: Property Law | Date: | Hits: 72