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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 ......Club Limited and another…………………………………….Respondents Judgment December 13th, 1995. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate......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 ..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....nment were not successful till then. 7. The respondents and others filed writ-petitions in 1981 challenging the impugned and Rules were issued in those matters but with the promulgation of Martial Law on 24 March l982 the said writ petitions abated. Upon the withdraw Martial Law on 10 No......onal Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary Affairs & another……………&hell......y-General that the High Court Division granted the certificate under Article 103(2)(a) of the Constitution. Surprisingly, however, no appeal was filed on behalf of the Government as required under Order XII rules 2 and 3 of the Rules of this Division, 1988. The learned Attorney-General, the impu..Category: Intellectual Property Law | Date: | Hits: 279
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 ......Rahman J Md. Abdur Rouf J Arabinda Sarker ……………………….Petitioner Vs. Bimalendu Bhowmik and others……………………….Respondents Judgment June 12th, 1995 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record For the Petitioner. Md. Nawab Ali, Advo......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 ..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......er (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. ...... Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. (From the judgment and Order dated 8-1-95 passed by the High Court Division in Writ Petition No. 2595 of 1994) Judgme..Category: Business or Commercial Law | Date: | Hits: 136
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....... rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Aftab Hossain Advocate......overnment of Bangladesh and others……………………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLV..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....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 ...... Nasrin Banu and 5 others…………………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-Gener......pondent 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, 302, 414, 711 ..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. ...... DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Reports 93; 9 DLR (Dacca) 109 and 10 DLR (Dacca) 321 and 370; (29 CrLJ 1928.1958). Lawyers Involved: MA Wahhab Miah, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-Fo......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. ..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 ......996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; Gobind Sahu vs. Zafar Karim AIR 1925 Pat. 145. Lawyers Involved: Rafiq-ul Haque, Senior Advocate, instructed by Shairifuddin Chaklader, Ad...... and thus allowed himself to a wrong decision. 9. The general provisions relating to substitution of the legal representatives of a deceased party in a suit arc provided in rules 3 and 4 of Order XXII of the Code of Civil Procedure. The provision for setting aside abatement or dismissal o..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 ......-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-Respondent Judgment June 16, 1996. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record— For the Respondent No.1. ......ellants. Not Represented — Respondent Nos. 2-24. Civil Appeal No. 94 of 1993. (From the Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). Judgment Latifur Rahman J.- ..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 ......…………… Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-R......efendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ...... & others 42 DLR (AD) 189. AC Jose vs. Sivan Pillai AIR 1984 (SC) 921; Occan Industries Ltd. vs. Industrial Development Bank, 18 DLR (SC) 354 Ambur Nair vs. Kelu Nair AIR 1933 (PC) 167. Lawyers Involved: Md. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain,......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
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 ...... Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsu......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 ..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 ...... Vs. Bengal Liner Ltd. and another……………………………… Respondents Judgment July 4th, 1996 Lawyers Involved: AR Yusuf, Senior Advocate, (M Hafizullah, Senior Advocate & Manzur-ur-......in, Senior Advocate and Ajmalul Hossain, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondents. Civil Appeal No. 25 of 1993. (From the Judgment and Order dated 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judg..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 ......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......cted by B Hossain, Advocate-on- Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 32 of 1991. (From the Judgment and Order dated 26.6.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 399..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 ...... Md. Arifur Rahman @ Badsha Chairman………………………………..Defendant Respondent Judgment May 27, 1996. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, ......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 ..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 ......ellip;……………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyers Involved: TH Khan, Senior Advocate, (Lutfur Rahman Mondal, Advocate with him), instr......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 ..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. ......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......er Mahbubuddin Ahmed, learned Counsel appearing for the appellant, submitted that the Returning Officer in exercise of his authority under clause (3) of Article 14 of the Representation of the People Order, 1972, hereinafter referred to as President Order No. 155 of 1972, conducted the necessary enq..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 ......s. Nazir Ahmed and others…………………………………Respondents Judgment January 18th, 1996 Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mahabubey Alam, Advocate wi......th west and south by own land of R.S. Plot No. 2136 belonging to the appellants. 3. During the hearing of the suit the appellants filed an application for amendment of the plaint under Order VI rule 17 of the Code of Civil Procedure on 27-12-1984 on the ground that the respondents we..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 ...... Matin and others……………………………………. Defendant-Respondent Judgment April 2nd, 1996. Lawyers Involved: M A Malek, Senior Advocate (KZ Alan, Advocate with him), instructed by Sha......ting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 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 p..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. ......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......te-on-Record - For the Appellant. Gour Gopal Shaha, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record - For the Respondent. Civil Appeal No.21 of 1991 (From the Judgment and Order dated 19-6-90 passed by the High Court Division in Civil Revision No.1078 of 1978). Judgmen..Category: Family Law | Date: | Hits: 198
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