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Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....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 ......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 ......Bench of the High Court Division dated 13-11-95 passed in FMA No.209 of 1995 had lost its force. 2. The plaintiff-petitioner filed Title Suit No. 205 of 1995 in the 1st Court of Subordinate Judge, Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defe..Category: Property Law | Date: | Hits: 65
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......ent Nos. 1-3 and 5—Not represented Civil Petition for Leave to Appeal No. 367 of 1993 Judgment Latifur Rahman J.- Petitioner filed Revocation Case No. 144 of 1975 in the Court of District Judge, Mymensingh against granting of Probate in Probate Case No. 2 of 1967 of the Court of District..Category: Others | Date: | Hits: 99
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....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.......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....... the same and setting aside those of the High Court Division dated, 10 November, passed in Civil Revision No. 324 of 1988 and dismissing Title Suit No. 147 of 1984 of the 3rd Court of the Subordinate Judge, Dhaka. 2. The facts of the aforesaid Title Suit No.147 of 1984 leading to the appeal to t..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....any of them have crossed the limit of 30 years disentitling them from future Government service. At the time of their appointment all formalities including newspaper publication, selection through Divisional Selection Committee, female quota, e were duly observed. In view of the reorganization o......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 ......; For the Respondent Nos. 1-16 (In Civil Appeal No. 65 of 1994). Not represented—Respondent Nos. 18-22. (In all the appeals.) Civil Appeal Nos. 60-65 of 1994. (From the Judgement and Order dated 19-8-93 passed by the High Court Division in Writ Petition Nos. 21, 116, ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....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. ......Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur on 14-9-1995 against the Deputy Commissioner, Superintendent of Police, Dina...... the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur on 14-9-1995 against the Deputy Commissioner, Superintendent of Police, Dinajpur and..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......420 of 1985). Judgment ATM Afzal CJ.- This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and hol..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... Latifur Rahman J.- This appeal by leave at the instance of the pre-emptee-appellants is against the judgment and order dated 1-8-93 passed by a learned Single Judge of the High Court Division in Civil Order No. 2572 of 1993 summarily rejecting the judgment ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......eeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was l..Category: Procedural Law | Date: | Hits: 133
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......ivision, Dhaka in Civil Revision No. 989 of 1993). Judgment: Latifur Rahman J: The plaintiff filed OC Suit No. 60 of 1991 in the Court of Assistant Judge Ulipur Kurigram. The said suit as dismissed by the trial Court. Against the aforesaid judgme..Category: Property Law | Date: | Hits: 63
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 ......; US $1,500,000.00 US $2,250,000.00” Another relevant column of the Schedule entitled “Clauses, Endorsements, Special conditions and warranties” reads in part as follows: “Institute Dual Val......ire’s Private International Law, 7th Edn. pp. 2 13-214). In respect of marine insurance in general, the Courts of Bangladesh will follow the English law and practice, because, as an American Judge, Judge Rabin, pointed out in the American (New York Supreme Court) case of Compania Maritima ..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 ......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 ......ince 1968 and that there were no defects or laches in the present Execution Case. The appellant preferred an appeal. Miscellaneous Appeal No.7 of 1979, which was allowed by the learned Subordinate Judge. Pabna by judgment and order dated 17.12.79 and the case was remanded to the Executing Court ..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 ......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 ......dgment 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 Court and Second Court, Assistant Judge, Bogra Sadar was decreed but on a revision taken by the defendant, Civil Revision No. 885 of ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......68 of 1989). Judgment: Latifur Rahman J This appeal by leave b the defendant is against the judgment and order dated. 26.6.94 passed by a Single Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decre..Category: Property Law | Date: | Hits: 56
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. ......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. ......95 affirming that the appellant was born on September 26, 1967 at her father’s residence at Sherpur and the said affidavit was annexed as Annexure-2 to the affidavit-in-position. 6. The learned Judges of the High Court Division by the impugned judgment and order dated 19-1-95 made the Rule abs..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......re 4 In other words the appellant prayed for recovery of possession of 12 gandas of land along with building instead of 4 gandas as claimed by them in the plaint. 4. The learned. Subordinate Judge by his judgment and order dated 26-1-1985 rejected the belated prayer for amendment of the p..Category: Property Law | Date: | Hits: 52
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 ......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 ...... Judgment: Latifur Rahman J: This appeal by plaintiff appellant is directed against the judgment and order dated 5.4.95 passed by a Single Judge of the High Court Division in Civil Revision No.4002 of 1994 rejecting the plaint of Title Su..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. ......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. ......ing to Taka 20,025.00 and balance of dower money amounting to Taka 250.00 and also decreed dissolution of marriage. On appeal by the respondent, OC Appeal No.243 of 1986, the 2nd Court of Subordinate Judge, Mymensingh by judgment and decree dated 25.5.87 dismissed the same and affirmed the judgment ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... 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 Special Case No 17 of 1989. It was alleged in the......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 Special Case No 17 of 1989. It was alleged in the charge fra......peal. Nos. 981, 998 and 1007 of 1990 and Criminal Appeal No.1013 of 1990.) Judgment ATM Afzal J.- These four appeals by the State following leave are from orders of acquittal passed by a Single Judge of the High Court Division, Dhaka in the impugned judgment dated 29 October, 1991 upon allowin..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 ......994 and 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 Regulation......lved: 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 the Administrative Appellate Tribunal, Dhaka in Appeal ..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. ......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. ......n Civil Revision No.183 of 1984). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff-appellant is from the revisional judgment and order dated 20-8-90 passed by a learned Single Judge of the Chittagong Sessions, High Court Division discharging the Rule in Civil Revision No.183 ..Category: Property Law | Date: | Hits: 63
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