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Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)

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

Category: Business or Commercial Law | Date: | Hits: 136

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....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...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Judgment January ..

Category: Property Law | Date: | Hits: 80

Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)

....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......h temporary Benches it was visualized that their ten may have to be lengthened. They were paid from the Revenue Budget. Many 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 publicatio..

Category: Constitutional Law | Date: | Hits: 161

Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)

....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......ivision in revision as aforesaid in which the impugned order was passed. 4. It was submitted before the High Court Division that (1) the learned Special Judge acted illegally in not addressing the Government immediately on receipt of the complaint as to sanction as required under section 6(5) of ..

Category: Anti-Corruption Laws | Date: | Hits: 92

Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)

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

Category: Property Law | Date: | Hits: 70

Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)

....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). ......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 ..

Category: Property Law | Date: | Hits: 60

Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)

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

Category: Procedural Law | Date: | Hits: 133

Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)

....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 ......dministrative Appellate Tribunal in Appeal No. 75 of 1991. The appellant while acting as a Director of Fire Service Civil Defence and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules,..

Category: Administrative Law | Date: | Hits: 138

Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)

....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). ......ntiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a reg..

Category: Property Law | Date: | Hits: 63

Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

.... 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,...... 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 ..

Category: Business or Commercial Law | Date: | Hits: 151

ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)

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

Category: Civil Law | Date: | Hits: 133

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....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 ......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)

.... 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......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)

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

Category: Election Law | Date: | Hits: 129

Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)

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

Category: Property Law | Date: | Hits: 52

Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)

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

Category: Family Law | Date: | Hits: 162

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

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

Category: Family Law | Date: | Hits: 198

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

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

Category: Anti-Corruption Laws | Date: | Hits: 92

Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....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......hellip;………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………&hellip..

Category: Administrative Law | Date: | Hits: 107

AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)

....d—For the Appellants. Abdur Rob Chowdhury instructed by Md. Nawab Ali, Advocate-on-Record,— For the Respondent. Civil Appeal No. 81 of 1994. (From the Judgment and order dated 28.4..94 passed by the Administrative Appellate Tribunal in Appeal No. 87 of 1991). ......g, inter alia, that the respondent forcibly occupied the government quarter without any allotment order and he was again and again asked to vacate but on his failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him and after observing a..

Category: Administrative Law | Date: | Hits: 122