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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....pellant too by a letter informed the plaintiff that his claim was under active consideration of the authority. The appellant remained silent for a long time which prompted the plaintiff to issue a lawyer's notice on 10. 11.91, but the appellant without replying to the same directly repudiated th...... 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; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15......992). Judgment: Mustafa Kamal J: This appeal by defendant No.1 Sadharan Bima Corporation by leave is from the judgment and order dated 24.8.93 of the High Court Division passed in Appeal from Original Decree No. 267 of 199..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 ......Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No...... Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No. 14..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 ......preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead......Advocate‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 3418 ..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 ......li, Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case N......Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 5..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
.... accused throttled her to death and threw her dead body in the ditch of the garden. The accused left her wearing saree and his own old lungi inside a bush of the garden of his father‑in‑law and kept the dao in one coiner of his hut. 5. The prosecution produced 12 witnesses at t......ellant. 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 o......nbsp; M H Rahman CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Kh..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....er; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not ...... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ......8 September, 1991 the Ministry of Energy and Mineral Resources, (respondent No. 1), cancelled the aforementioned two notifications dated 4 August, 1990 and 4 September, 1990 and revived the earlier order of appointment on contract dated 18 December, 1988. The appellant challenged that notificati..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....of my learned brother ATM Afzal J. ATM Afzal J.- These two appeals by leave involve mainly consideration of a common question of law, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinan...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila......; For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and order dated 29th July, 1993 passed by the High Court Division, Dhaka in Writ Petition No.688 of 19..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 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahidul Islam (Md) and another......................Defendant‑Petitioners Vs. Md. Sayedur Rahman a...... Ali, Advocate‑on‑Record‑ For the Petitioner. The Respondents‑Not represented. Civil Petition for Leave to Appeal No. 338 of 1994 (From the Judgment and order dated 11.5.94 passed by the High Court Division, Dhaka in Civil Revision No. 2093 of 1993 wi..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 ...... Appellate Division (Criminal) Present : Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State…&h......;on‑Record ‑ For the Appellants. Shamsul Haque Siddique, Advocate-on‑Record‑ For the Respondent. Criminal Appeal No. 17 of 1994. (From the judgment and order dated 6.6.1994 passed by the High Court Division in Criminal Appeal No. 5053 of 1991). ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....f the said Rules. 11. It is on this ground alone that the entire enquiry proceeding and the consequent order of discharge from service were liable to be declared to have been passed without lawful authority, but the High Court Division unnecessarily added that in the second show cause not......ecord -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). ......nbsp; Mustafa Kamal J- This appeal by leave by the respondent‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....laring Memo dated 17.12.1990 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was th......e, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 114......upreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 1143 of..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....en it tends to the general convenience of the parties or the witnesses. The High Court Division may also withdraw a case to itself without issuing any notice upon either party when some question of law or unusual difficulty is involved therein. Neither of these situations is present here. We the......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other...............dvocate‑on‑Record-For the Respondent No.2 Matiul Islam, Assistant Attorney- General - Amicus Curiae, Criminal Appeal No. 10 of 1994. (From the Judgment and order dated 12.6.1994 passed by the High Court Division in Criminal Revision No 982 of 1994). ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
.... No, 46 of 1993 as not pressed and made the Rule absolute in the other case, that is, Criminal Revision No. 3332 of 1991. 11. The learned Judges upon a lengthy consideration of the facts and law involved in the case observed: “In the second charge‑sheet as indicat...... Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994. Law......itioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the c..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....as not necessary to enter into the said facts for deciding the writ petition. Finally the Rule was made absolute. 15. Leave was granted to consider whether the High Court Division was justified in law and facts in holding that the grounds of detention served on the detenu were vague, indefinite a......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ...... 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993). Judgment ATM Afzal J.- This appeal by the Government following leave is from 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)
....f the judgments of both the courts below we found no substance in his contention and refused him leave on the findings of facts and thereby closed this chapter. Now we shall go into the question of law to consider which leave was granted. Law on the subject is that the jurisdiction to decree spe......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994....... Md. Wahidullah, Advocate‑ on‑ Record ‑ For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Appeal No. 9 of 1994. (From the judgment and order dated 14 July 1993 passed by the High Court Division in First Appeal No. 87 of 1986). ..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....s that the sentence having been passed in lump without specifying as to what is the sentence under each of the sections i.e. 448/380 of the Penal Code, the order of conviction is not sustainable in law. The submission is clearly misconceived because it was only an irregularity and not an illegal......; ATM Afzal J: The accused‑petitioner was convicted by a Magistrate, Second Class, Savar, under sections 448, 380 of the Penal Code, and sentenced to rigorous Imprisonment for 6 months and a fine of Taka 500.00, in default to furth......er sections 448, 380 of the Penal Code, and sentenced to rigorous Imprisonment for 6 months and a fine of Taka 500.00, in default to further rigorous imprisonment for one month more by judgment and order dated 10.6.199 1. An appeal from the said order of conviction and sentence having been dismi..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ha is the present appellant. Her case is that the plaintiffs' documents are collusive and fraudulent; that defendant No. 5 had no right or title in the suit land, and that her father‑in‑law Monoranjan Guha took settlement of the suit land from Umesh Chandra Dey, his three brothers and......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju......ubsequently recorded on 27 May 1954 in a mutation case and that she had already filed Title Suit No. 298 of 1979 in the First Court of Munsif, Patuakhali for permanent injunction and got an interim order. Defendant No.7 supported her claim. 4. Defendant No. 6, Sova Rani Guha is the presen..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....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 Law. Where corpus of the property is transferred for life time and the conditions are...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Resul......16.11.88 passed by the High Court Division in Civil Revision No. 1809 of 981). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff's successor is from the Judgment and order dated 16.11.88 passed by a learned Single Judge of the High Court Division, Jessore Bench in C..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....11.93 was passed. It was an unwarranted inroad into a judicial proceeding and cannot be condoned in any way. 11. The High Court Division failed to exercise its jurisdiction, vested in it by law by stating that the matter involves disputed questions of fact. There, are disputed questions p...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,...... of 1994. Judgment: Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily reje..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
.... the meantime she had left for her father's house at Sylhet for better treatment. The respondent, however, refused to come to a compromise before payment of the dowry. She received the respondent's lawyer's notice dated 21.11.1992 demanding a huge amount to which she sent a reply. The learned Ju...... Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case N...... Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 1..Category: Criminal Law | Date: | Hits: 64
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