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Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....hat the proceedings against the appellant and the order of his compulsory retirement from service was illegal and without jurisdiction. 7. In the case of Hasina Mawla 45 DLR 112 the learned Judges of the High Court Division held that the Parjatan Corporation failed to establish on the mat......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 ......rayer. 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 ...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Jahangir Kabir (Md)............................ Appellant vs. Bangladesh, represented by The Secretary, Ministry of Home Affair……Respondents ..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....ivision, Dhaka in Civil Revision No. 989 of 1993). Judgment: Latifur Rahman J: The plaintiff filed OC Suit No. 60 of 1991 in the Court of Assistant Judge Ulipur Kurigram. The said suit as dismissed by the trial Court. Against the aforesaid judgme...... 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 ......d 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 ......rred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrapara in favour of the school. The school was registered with the Directorate of Secondary & Higher Education Government of Bangladesh on 25-1-83. Subsequently for the convenience of the students and in the public interest ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....ire’s Private International Law, 7th Edn. pp. 2 13-214). In respect of marine insurance in general, the Courts of Bangladesh will follow the English law and practice, because, as an American Judge, Judge Rabin, pointed out in the American (New York Supreme Court) case of Compania Maritima ......creed 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 ......r 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 ......ecreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability company of Bangladesh, purchased the vessel MV Bengal Pride for US $ 2.5995 million, (we were told by the lear..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....ince 1968 and that there were no defects or laches in the present Execution Case. The appellant preferred an appeal. Miscellaneous Appeal No.7 of 1979, which was allowed by the learned Subordinate Judge. Pabna by judgment and order dated 17.12.79 and the case was remanded to the Executing Court ......nd 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 ......espondents 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 ......pellant Vs. Md. Abdul Halim Mia…………………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abd..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....dgment ATM Afzal CJ.- Plaintiff-Appellant’s suit for eviction of the defendant-respondent from the suit shop, SCC Suit No. 1 of 1985 of the SCC Court and Second Court, Assistant Judge, Bogra Sadar was decreed but on a revision taken by the defendant, Civil Revision No. 885 of ......e 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 ....... 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 ......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)
....68 of 1989). Judgment: Latifur Rahman J This appeal by leave b the defendant is against the judgment and order dated. 26.6.94 passed by a Single Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decre......sion 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 ......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 ......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)
....95 affirming that the appellant was born on September 26, 1967 at her father’s residence at Sherpur and the said affidavit was annexed as Annexure-2 to the affidavit-in-position. 6. The learned Judges of the High Court Division by the impugned judgment and order dated 19-1-95 made the Rule abs...... 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. ......ction 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. ......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)
....re 4 In other words the appellant prayed for recovery of possession of 12 gandas of land along with building instead of 4 gandas as claimed by them in the plaint. 4. The learned. Subordinate Judge by his judgment and order dated 26-1-1985 rejected the belated prayer for amendment of the p......at 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 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 ...... 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)
.... Judgment: Latifur Rahman J: This appeal by plaintiff appellant is directed against the judgment and order dated 5.4.95 passed by a Single Judge of the High Court Division in Civil Revision No.4002 of 1994 rejecting the plaint of Title Su......egal 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 ......men 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 ......nt thereto the plaintiff left for the United States of America on 3.12.92 for higher studies and after successful completion of his studies he returned home on May 31, 1994. During his absence from Bangladesh defendant No.1 together with her minor child were staying at the residence of her paren..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ing to Taka 20,025.00 and balance of dower money amounting to Taka 250.00 and also decreed dissolution of marriage. On appeal by the respondent, OC Appeal No.243 of 1986, the 2nd Court of Subordinate Judge, Mymensingh by judgment and decree dated 25.5.87 dismissed the same and affirmed the judgment ......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. ......ged. 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. ......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)
....peal. 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 judgment dated 29 October, 1991 upon allowin......ion 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. ...... 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. ......nder papers he also submitted catalogue of EMU pump. In his letter dated 12-10-87 (Ext. 20) for extension of time for supplying the pumps, it was stated that as the said pumps are not manufactured in Bangladesh and as it takes time to procure them and as arrangement was already made to bring them, f..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....lved: Md. 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 ......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 ......tial 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 ......;……………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ………………………&hell..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... have been employed to bring their cases within the ambit of the said sub-rule either in the said sub-rule itself or in sub-rule (2) of Rule 26.” 9. In that decision the learned Judges correctly held that sub-rule (11) of Rule 7 is only prospective in operation. 40 DLR 109 has......ment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ...... order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......eld that the instant case falls within the mischief of sub-rule (II) of Rule 7 of the Rules of 1984. This point was specifically noticed in the case of MA Hai and others vs. Trading Corporation of Bangladesh reported in 40 DLR 109, wherein a Division Bench of the High Court Division presided ove..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....n Civil Revision No.183 of 1984). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff-appellant is from the revisional judgment and order dated 20-8-90 passed by a learned Single Judge of the Chittagong Sessions, High Court Division discharging the Rule in Civil Revision No.183 ......red in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......aw in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....21.1.1987 asked the appellant to vacate the room in question by the end of February 1987 and on its failure so to do instituted the suit being Civil Suit No. 722 of 1987 in the 4th Court of Assistant Judge. Dhaka for its eviction on the ground of default in payment of rent. 4. The appellant conte...... therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......re, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....1993). Judgment: Md. Ismailuddin Sarker J: This petition for leave by the pre-emptor-petitioners is from the judgment and order dated August 3, 1984 passed by a learned Single Judge of the High Court Division in Civil Revision No. 1260 of 1993 affirming the judgment and orde......f consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......uinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ugh no clear statement has been made in this petition. 3. No one appeared for the petitioner before the High Court Division. 4. It appears from the impugned judgment that the learned Judges have not at all considered the facts of the case but upon making reference to the amendments...... Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......ince we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....1 of 1993). Judgment: Mustafa Kamal J: This appeal by leave raises a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of the Companies Act, 1913 (rectification of share register) is appealable t...... the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......ned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......e Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978) as follows: “3. Repeal of Letters Patent. -The Letters Patent insofar as they may have any application in relation to Bangladesh, or to, or in respect of jurisdiction, power and authority of, the Supreme Court of Ban..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....concerned agencies. 13. The respondent filed a reply to the affidavit-in-opposition stating, inter alia, that he filed a suit being Title Suit No. 588 of 1979 in the First Court of Assistant Judge, Bhola which was decreed on 16-7-1980 declaring him to have been the Principal of the Bhola ......to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ...... No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Government of Bangladesh……………………………&h..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......t and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......aring respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniori..Category: Administrative Law | Date: | Hits: 167
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