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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 ......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......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 ..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 ......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,......Advocate instructed by Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 1. Not Represented ‑ For the Respondent Nos.2-4. Civil Appeal No. 57 of 1993. (From the Judgment and Order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. ..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. ......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......(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. ..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 ................Accused‑Petitioner Vs. State………………………….Respondent Judgment August 30th, 1994. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate&#......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 ..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 .......................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with......r was not authorised to act on behalf of all the defendants. The High Court, Division after giving good reasons, upheld the compromise decree. It was held that under sub‑rule (1) of rule 1 of Order 5 of the Code of Civil Procedure the defendants could appear at the presentation of the plain..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....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......nt. Dr. Rafiqur Rahman, Senior Advocate (MA Baqui, Advocate with him) instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1‑8,10‑17,19 & 21. Abated vide Order dated 25.8.93 ‑Respondent Nos. 9 & 20. Civil Appeal No. 14 of 1991. (From t..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 .............................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-......er alleged to have been obtained by fraud and misrepresentation, that this property was declared as an abandoned property in November, 1982 after a notice was served under Article 7 of President's Order No. 16 of 1972, that the very fact of the death of Syed Mohammad Azam is a subject matter of..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...................Petitioner Vs. MA Malik……………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Adv......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ...... Shipping Corporation vs. Latin American Shipping Corporation (1983) 1 All ER 1121; British India Steam Navigation Co. Ltd. vs. Sharimughavilas Cashew Industries and others (1990) 3 SCC 481. Lawyers Involved: Moudud Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate......8209;on‑Record ‑For the Respondent No. 1. Not represented‑Respondent Nos. 2‑11 Civil Petition for Leave to Appeal No. 675 of 1994 (From the Judgment and Order dated 5.9.94 passed by the High Court Division in Admiralty Suit No. 20 of 1994). Judg..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents Judgment August 18, 1994. Result: The appeal is dismissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul H......dgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991 discharging the Rule Nisi. 35. The appellant filed the writ petition calling into question three Orders passed by respondent No. 1 Ministry of Public Works and Urban Development dated 13.8.90 (Anne..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......uddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment June 19, 1994. Result: The appeal is dismissed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddiqu......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ............................ Defendant‑Petitioners Vs. Shahed Ali and others ....... ....................Plaintiff‑Respondents Judgment February 17th, 1994. Lawyers Involved: Md. Harun‑ur‑Rashid, Advocate, instructed by Sharifuddin Chakl......o. 27 of 1984. The said application was rejected by the executing Court. Against that order of rejection the petitioners filed a revisional application and the same was summarily rejected in Civil Order No. 3741 of 1993, by a Single Judge of the High Court Division. The petitioners are now seeki..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......ases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate̴......ed the Court's order even after coining to know of the Court's order of status quo allegedly on 27.10.90. 10. Mr. SS Halder, learned advocate for the appellants, had drawn our attention to Order No. 11 dated 28.10.90 passed by the trial Court in which it was stated that the notice to sh..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ce Unions and others vs. Minister of Civil Servicc(1984) 3 WLR 1174; Dr. Ram Manohar Lohia vs. State of Biliar (1966) 1 SCR 709; AIR 1966 (SC) 740, 747 and (AIR 1983 (SC) 537,539‑40). Lawyers Involved: Asrarul Mossain, Senior Advocate, instructed by M Nawab Ali, Advocate̴...... and others vs. Minister of Civil Service (1984) 3 1VLR 1174. In that case the Minster for the Civil Service gave an instruction of 22 December 1983, purportedly under Article 4 of the Civil Service Order in Council 1982, for the immediate variation of the terms and conditions of service of the st..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......ff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, instructed by Md.......Appellant Vs. Saleha Begum and others…………………….Respondents Judgment August 14, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......eferred to- Khagendranath Nath vs. Umesh Chandra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddiq......ucted by MW. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Respondent Nos. 1-2 & 4-10-Not represented. Petition for Leave to Appeal No. 237 of 1996. (From the Judgment and Order dated 1-6-96 passed by the High Court Division in Writ Petition No. 1732 of 1996). Judgment..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ppeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by M. Nawab Ali, Advocate-on -Rec......rim, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 5 of 1994 (From the Judgment and Order dated 4 5-92 passed by the Nigh Court Division in Criminal Revision No 371 of 1989 with Crimin..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......-Appellant Vs. Md. Jalaluddin Pramanik…………………Defendant-Respondent Judgment May 22, 1996. Case Referred To- B. Kunwar vs. Ranjit Singh. AIR 1915 PC 96= 42 IA. 202. Lawyer Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record â......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Officers’ Association of which he was the General Secretary and also President on several occasions two enquiries into his conduct were held. He was found innocent. After the proclamation of Martial Law in March 1982 self-same allegations were brought against him. The matter was referred t......[In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgment May 13, 1996. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Faiz Ahmed, Advocate with him...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... 227; 40 DLR 273; 42 DLR (AD) 167; Trade Channel vs. Collector of Customs (1992) 12 BLD) (HCD) 5; Abul Kashem vs. Bangladesh 47 DLR 57; Md. Brothers vs. Collector of Customs 48 DLR (AD) 58. Lawyers Involved: A W Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocat...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
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