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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 ......Superintending Engineer and others....................Appellants Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Shamsul Haque Siddique, Advocate‑on‑Record- For the Appellants...... Md. Wahidullah, Advocate‑on‑Record- For the Respondent No.1. Not represented ‑ Respondent Nos. 2 & 3. Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Ci..

Category: Property Law | Date: | Hits: 124

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......�…………...Accused‑Appellants Vs. State............................................................Respondent Judgment June 15, 1995. Result: The appeal is dismissed. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Shamsul Haque Siddique, Advoc......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..

Category: Criminal Law | Date: | Hits: 49

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 ..................................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‑......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 ..

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...... 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......y General with him) instructed by Md. Sajjadul Huq, Advocate‑on-Record ‑ For Respondent No.1. Not Represented ‑Respondent No.2. Civil Appeal No. 22 of 1994. (From the Judgment and Order dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No.34 of 1988). Ju..

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. ......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......on to the President. So, the Article contemplates a Reference to the Appellate Division of the Supreme Court. 3. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, in Part VI‑Order XXVIII provide, inter alia, as follows: 1. On receipt by the Registrar of the order of the..

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. ......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......vocate with him), instructed by Md. Aftab Hossain, Advocate on Record ‑For the Petitioner. Not represented ‑‑For the Respondents. Civil Appeal No.97 of 1994. (From the Judgment and Order dated 9th November, 1994 passed by the High Court Division in Writ Petition No. 1079 of 1994)...

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 ......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. ......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 ..

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 ...... 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&......‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). Judgm..

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 ..................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......h; on – Record-For the Respondent No. 1. Md. Nawab Ali, Advocate‑on‑Record ‑For the Respondent No. 2. Civil Appeal No.4 of 1994 (From the Judgment and Order dated 24.8.93 passed by the High Court Division in Appeal from Original Decree No.267 of 1992..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)

..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......y @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent Judgment February 9th, 1995. Lawyers Involved AKM Foiz, Advocate (appeared with leave of the Court) instructed by Md. Naw....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..

Category: Criminal Law | Date: | Hits: 66

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ip;… Petitioners Vs. Genandra Nath Bashu Roy being dead his heirs Debendra Nath Bashu Roy and another...............Respondent Judgment February 2nd, 1995. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate&#......ion case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Procedure they could not be evicted by executing the decree. ..

Category: Civil Law | Date: | Hits: 109

Yakub Ali Vs. State, 1995, 24 CLC (AD)

.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 1995. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Na...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..

Category: Criminal Law | Date: | Hits: 62

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 ...... 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 ......nt. M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Appeal No.1 of 1994 (From the Judgment and Order dated 11 January 1994 passed by the High Court Division, Dhaka in Death Reference No. 2 of 19..

Category: Criminal Law | Date: | Hits: 73

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....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......, Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondents 1‑2. Civil Appeal No.6 of 1994. (From the Judgment and Order dated 9 December 1993 passed by the High Court Division in Writ Petition No.3181 of 1991). ..

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. ............................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...... matter that the original lessee was absent, his whereabouts were not known and he left the suit property uncared for and, therefore, the same became abandoned property by operation of President's Order No. 16 of 1972 and vested in the Government. 7. The Court of Settlement by its judgm..

Category: Property Law | Date: | Hits: 86

Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)

.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......er......................Defendant‑Petitioners Vs. Md. Sayedur Rahman and others.....................Plaintiff‑Respondents Judgment November 6th, 1994. Lawyers Involved: Jahangir Kabir, Advocate (appeared with leave of the Court), instructed by...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..

Category: Civil Law | Date: | Hits: 95

Hasan Ali and others Vs. State, 1995, 24 CLC (AD)

....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment November 2nd, 1994. Lawyers Involved: Abdul Momin Talukder, Advocate, instructed by Md. Aftab Hossain, Advocate......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......on, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment August 18th, 1994, Lawyers Involved: Md. Abu Tarique, Advocate instructed by Sharifuddin Chaklader, Advocate- ......d -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). Ju..

Category: Employment/Service Law | Date: | Hits: 134

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 ...... Vs. Aminur Rahman & another.............................................Petitioner‑Respondents Judgment November 15th, 1994 Lawyers Involved: Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate....... 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 ..

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 ......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. ......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 ..

Category: Criminal Law | Date: | Hits: 67

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