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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 ......f 1967 of the Court of District Judge, Mymensingh. The said Revocation case was disallowed on the ground that the petitioner had no locus standi to file the revocation case. Against that judgment and order the petitioner preferred First Appeal No. 40 of 1977 and the sane was dismissed by a Division ..

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 ......authorised construction immediately on receipt of the Memo or else necessary steps will be taken to demolish the same. Thereafter the appellant filed the instant writ petition challenging the last order dated 22- 12-94. 3. The High Court Division summarily rejected the writ petition on th..

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.......equisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the impugned judgment was passed, the prelude 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)

....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 ......spondent No. 2 in Writ Petition Nos. 21 of 1993, 116 of 1993, 302 of 1993, 414 of 1993, 1 of 1993 and 712 of 1993 is the sole appellant in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions..

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. ......For the Appellant. AW Bhuiyan, Additional Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1996. (From the judgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335..

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 ......Appellants. M Nurullah, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 71 of 1990. (From the judgment and order dated March 6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 19..

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 ......nstructed by Sharifuddin Chaklader, Advocate- on-Record - For the Appellants. 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). ..

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 ......s alleged signature in the petition for adopting the written statement of defendant No.15 by him Considering the evidence on record and the record of the case, the learned Subordinate Judge by his order dated 30-11-1988 allowed the miscellaneous case and set aside the exparte decree on condition..

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 ......pellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 of ..

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 ......ed, Advocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 190 of 1996. (From the Judgment and order dated 18.1.96 passed by the High Court Division, Dhaka in Civil Revision No. 989 of 1993). ..

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 ...... 22. Section 69(3) came to be interpreted in Irvine vs. Hine, 1950(1) LR 555 KB 1949 (2) A ER 1089 by Mr. Justice Delvin (later Lord Delvin) A damaged vessel was sold for £ 685.00 under order of the Court which was accepted as her value after the damage. She was insured for £ 9,..

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 ......amal J.- This appeal by leave by the appellant Assistant Custodian, Enemy Property, Vested & Non-Resident (L&B) and Additional Deputy Commissioner (Revenue), Pabna is from the judgment and order dated 26.6.89 passed by a learned Single Bench of the High Court Division. Rangpur Bench in C..

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 ......h;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in 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 ...... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record—For the Respondents. Civil Appeal No. 82 of 1994. (From the Judgment and order dated 26.6.94 passed b the High Court Division in Civil Revision No.668 of 1989). Judg..

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. ......al Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocates-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-6. Appeal No. 28 of 1995. (From the judgment and order dated 19-1-95 passed by the High Court Division in Writ Petitioner No. 47 of 1995). Judgmen..

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 ......r, Advocate, (Must ala Niaz Mahmud, Advocate with him) instructed by Sharifuddin Chaklader, Advocate on-Record-For Respondent No. 1. Civil Appeal No 41 0f 1990. (From the judgment and order dated 29-5-1986 passed by the High Court Division, Circuit Bench, Chittagong in Civil Revisi..

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 ......e, instructed by Md. Nawab Au, Advocate-on-Record — For the Respondent No.1. Not represented Respondent Nos. 2 and 3. Civil Appeal No. 31 of 1995. (From the Judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of..

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. ......ame and affirmed the judgment and decree of the trial Court. In the revision taken by the respondent, Civil Revision No.1078 of 1987, a learned Single Judge of the High Court Division by judgment and order dated 19.6.90 set aside the judgment and decree of the lower appellate Court insofar as the de..

Category: Family Law | Date: | Hits: 198

State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)

....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ...... the High Court Division in Criminal Appeal. 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 judgm..

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 ......d. 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 No. 31 of 199..

Category: Administrative Law | Date: | Hits: 107