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Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....antiate his submission by citing any decision in this regard. 6. The Charter Party Agreement having not been incorporated or mentioned in the bills of lading it will be plainly unjust and unlawful to saddle the consignee with any conditions and limitations thereof. Mr. Moudud Ahmed has ci...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 Cas......4 filed an application on 31.8.94 for recording the right or lien exercised by it on the cargo on board MV. Global Traders, which having been rejected by the learned Admiralty Judge by judgment and order dated 5.9.94 the petitioner now seeks leave to appeal from the same. 2. Respondent No...Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... in the Administrative Law. It has been evolved by Courts on the basis of 'equity' to avoid gross injustice particularly when the injustice results from strict application of any rule or procedure of law. This principle applies to a case where a promise is made by one person to another, relying on w...... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ......han, Advocate (appeared with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgme..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....by the High Court Division in Criminal Revision No. 1768 of 1992). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave, the question is whether the High Court Division erred in law and fact in refusing to quash the criminal proceedings against die accused‑appellant in Specia......or the Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992)......he Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992). ..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....doses not contemplate amendment of a decree of such a substantial nature. 3. Mr. Md. Harun‑ur‑Rashid, learned Advocate appearing for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motaleb and others....................... Defendant‑Petitioners Vs. Shahed Ali and othe......ation under section 152 of the Code of Civil Procedure for amendment of the final decree passed in Title Suit No. 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 reject..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....y appointed, who filed his report on 27.10.90. Mr. Idris Alam stated in his report that he inspected the suit property at 3 PM on 25.10.90 after having informed the parties through their respective lawyers and the suit land was identified with the assistance of the plaintiff and defendant No. 1. ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Res...... Mustafa Kamal J: This appeal by leave by defendant Nos. 2‑4 is from the Judgment and order dated 26.4.93 passed by a learned Single Judge of the High Court Division in Civil Revision N..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ce from being an aggrieved person. The term "person" in clause (5) includes a statutory public authority and any court or tribunal but it excludes a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which ......ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case......iyan, Additional Attorney‑General, instructed by Sharifuddin Chaklader, Advocate‑on Record ‑For the Respondents. Civil Appeal No. 22 of 1993. (From the judgment and order dated 31 March 1992 passed by the High Court Division, Dhaka in Writ Petition No. 1170 of 199..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... as 1.09 acre. The appellant trespassed into the suit land and the suit was false. 4. In June, 1986 both sides adduced evidence the trial of the suit. But at the time of argument the defendants’ lawyer pointed out that summons and notices were not served upon defendant No.5 Khalequzzaman who wa...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khaledur Reza Chowdhury (Md)……………………………………………..Appellant Vs. Saleha Begum and others…………………….Respondents Judgment August 14, 1996. Result: The ap......and Order dated 9-6-94 passed by the High Court Division in Civil Revision No. 1350 of 1993). Judgment Mustafa Kamal J.- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 o..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....perior Courts in Bangladesh and India as to the effect of pendency of appeal against an order of conviction and sentence has not been correctly disposed of by the High Court Division and the point of law raised in this petition is one of general public importance. 7. In the case of AFM Shah Alam ......r Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: The petition is di......13-5-96, respondent No. 2 accepted the nomination paper of respondent No. 3. Being aggrieved thereby the petitioner filed writ petition No. 1732 of 1996 challenging the said acceptant by judgment and order dated 19-5-96 a Division Bench of the High Court Division summarily rejected the writ petition..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 ......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Resul......Court Division in Criminal Revision No 371 of 1989 with Criminal Revision No, 490 of 1990). Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute i..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
.... of the said landlord. Reference may be made in this connection to the case of Abdus Sattar vs. Mahiuddin 38 DLR (AD) 97. His Lordship Shahabuddin Ahmed, J, as he then was, expounded the principle of law embodied in section 116 of the Evidence Act thus: “The estoppel as described in this sec......6) 205 ......on-Record — For the Appellants. Monsur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 62 of 1995. (From the judgment and order dated 22 June 1993 passed by the High Court Division, Dhaka in Civil Revision No. 295 of 1985 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... plaintiff thereupon brought a suit, Title Suit No.697 of 1985, in the Third Court of Subordinate Judge, Dhaka praying for a declaration that the termination of his services was illegal and without lawful authority and that he was still in the service of the Corporation as its Secretary together ......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen...... Advocate-on-Record- For the Respondent No. 2. (In Civil Appeal No. 18 of 1994). Civil Appeal No. 18 of 1994 with Civil Petition No. 39 of 1994. (From the judgment and order dated 7-4-1993 passed by the High Court Division in Civil Revision No. 1380 of 1991) J..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....1 as demanded because the earlier SRO was modified by the subsequent SRO in force and that the claim of the importer to be assessed according to the old SRO was not correct and justified Under the law. 6. It is found from the impugned judgment that the points raised for con in the writ-pe......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others……………………………&...... — For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 3232/199..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....ubordinate Judge, Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defendant No.1 suspending the plaintiff for 3 months with effect from 26-8-95 is illegal, unlawful, without any lawful authority and, as such, is of no legal effect and not binding upon the p......sain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another……………………………&......eave to Appeal No. 630 of 1995. Judgment: Mustafa Kamal J: This petition for leave to appeal by the plaintiff-petitioner from the judgment and order of a Division Bench of the High Court Division dated 13-11-95 passed in FMA No.209 of 1995 ha..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....struck it down as unconstitutional. The High Court Division, however, granted a certificate under Article 103(2)(a) of the constitution certifying that the cases involved a substantial question of law as to the interpretation of the Constitution particularly Article 39(2) thereof. &nb......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of......ivil Appeal Nos. 77 of 1993) Ex-parte — Respondents No. 2 & 3 (In Civil Appeal Nos. 76 of 1993) Civil Appeal Nos. 76 of 1993 and 77 of 1993. (From the judgment and order dated August 11, 1993 passed by the High Court Division in Writ Petition Nos. 561 of 1..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 ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal Latifur Rahman J Md. Abdur Rouf J Arabinda Sarker ……………………….Petitioner Vs. Bimalendu Bhowmik and others……………………….Respondents Judgment June 12th, 1995 Lawyers Involved......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)
.... not justified in rejecting the w petition summarily. The impugned order of the Authorised Officer lacks any legal basis and cannot be sustained. It is accordingly, held to have been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. Thi...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A......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)
....e (Emergency) Requisition 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, t......lso 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)
....ng to hold that the Ordinance is not applicable to the writ petitioners on the ground that they are not Mujibnagar employees or on any other ground should not be declared to have been made without lawful authority and to be of no legal effect and why a declaration should not be made that they we......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………&helli......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)
....one of such processions, police opened fire and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in various acts knowing that they were unlawful. They also did not take any step for post mortem examination of one Abdul Kader who had died ......24; Ainuddin vs. State PLD 1962(WP) Karachi 738 Chikoni Bewa vs. Abdul Awal PLR (1964) 14 (Dacca) Dacca Series 557; Bangladesh vs. Abdur Rahim 35 DLR 249; Jahirul Huq Khan vs. State 9 DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Rep......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)
....ing aside abatement. The learned Subordinate Judge, however, suo mow recorded the abatement of the suit as a whole by his order dated 10-9-69 o account of the death of defendant No.4. On 15-4-72 a lawyer of opposite party No.3 (defendant No.3) in the aforesaid misc. case informed the Court that ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants Vs. Habibunnessa and others&hel......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
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