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Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......ion to thirty women seats, BNP secured majority seats in the Parliament and the acting President being so satisfied as required under the Constitution that BNP commands majority in the Parliament and Begum Khaleda Zia is the leader of the majority party appointed her Prime Minister on 20th March, 19......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......(SC) 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 U..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J...... Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Halid Hamidul Huq..................Appellant Vs. Nafisa Chowdhury & ors.................Respondents Judgment February ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ...... 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......te Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Sadharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment Febru..Category: Business or Commercial Law | Date: | Hits: 114
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......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...... (Criminal) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State…………………………&hel..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... 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. ......ision (Civil) 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 A..Category: Employment/Service Law | Date: | Hits: 117
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 ......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......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment No..Category: Criminal Law | Date: | Hits: 60
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......; 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...... Rahman J ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………….Res..Category: Criminal Law | Date: | Hits: 74
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ...... to the donor after the expiry of the limited period………………(10 & 11) Cases Referred to- Nawazish Ali Khan vs. Ali Raza Khan, AIR 1948 PC 134; Mst, Khan Bibi vs. Mst. Safia Begum, PLD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh v...... 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......p; Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment Novemb..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and their father Syed Mohammad Azam was als...... 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,......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... 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 ...... raised some other points which will be noticed in due course. Mr. Ahmed's first and main submission is based on the doctrine of promissory estoppel for which he relied on the cases of MP Sugar Mills Vs. State of UP and VR Vora Vs. Board of Trustees of the Port of Bombay AIR 1979 (SC) 621 and AIR 19..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......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)......ppellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Engineer Afsaruddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment Ju..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......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...... 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...............Respondents Judgment July 13th, 1994..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......l CJ 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: ...... 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......t: ATM Afzal CJ 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. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......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...... Afzal CJ Mustafa Kamal J Latifur 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, ..Category: Election Law | Date: | Hits: 133
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......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……………………………&......dhury J Collector of Customs, Chittagong and Others………………………………………..Petitioners Vs. Ahmed Hossain and 39 Others…………………&helli..Category: Business or Commercial Law | Date: | Hits: 126
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 ......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 ...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. ..Category: Business or Commercial Law | Date: | Hits: 136
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. ......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. ......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......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdur Rahim @ Md. Abdur Rahim.................... Complainant-Appellant Vs. State.......................................................... Respondent Jugement Au..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 ......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 ...... 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......man 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……………………&h..Category: Property Law | Date: | Hits: 70
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 ......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 ...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others…………&helli..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 ...... 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 ......oy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another……………………………&...... J Bimalendu Bikash Roy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another…………………&hel..Category: Business or Commercial Law | Date: | Hits: 151
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