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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 ...... Division and the point of law raised in this petition is one of general public importance. 7. In the case of AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68, this Court has in very clear terms laid down that in local government elections no step in the election process can be challenged......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..Category: Election Law | Date: | Hits: 133
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......urt from judgment and order of the High Court Division and obtained leave. In course of the appellate proceedings the plaintiff died and the present appellants were substituted in his place. 8. In terms of the leave granted by this Court the decision of this case turns upon the following two poin......6) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Regulation 12(a) of the Bangladesh Shipping Corporation (Service) Regulations, 1981. He was paid three months’ salary in lieu of three months’ notice to which he was entitled under the terms of his service. 3. The plaintiff thereupon brought a suit, Title Suit No.697 of 1985, ......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen..Category: Employment/Service Law | Date: | Hits: 77
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 ...... 4(1) of the Sales Tax Ordinance, 1982, the Government exempted sugar from so much of customs duty and sales tax leviable as in excess of 501 and 101 respectively subject to the fulfillment of the terms and conditions specified in the public notice. The petitioner imported sugar upon complying w......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……………………………&..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 ......t have not been controverted by the respondents we take them to be correct. 8. There seems to be substance in the appellant’s contention that to answer a notice of breach of any of the terms and conditions subject to which sanction was granted to construct a building under the Build...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A..Category: Business or Commercial Law | Date: | Hits: 136
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......uphold that part of the order of the High Court Division which directs the appellants to implement the order dated 20-1-76 and 28-1-76 and to release the property of the respondents “in terms of the said order”. 18. Mr. Amirul Islam made no specific submission to coun......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..Category: Constitutional Law | Date: | Hits: 161
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. ...... was premature, it was further submitted. 7. It appears that the substance of the grievance of the appellant is that the learned Special Judge committed a two-fold wrong-(1) in not having acted in terms of the proviso, to section 6(5) of the Act and (2) having called for a report, of all persons,......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..Category: Anti-Corruption Laws | Date: | Hits: 92
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 ......like maintainability, lack of cause of action, bar of waiver, estoppel, acquiescence and limitation, the crux of the defendant’s case is that the claim of the plaintiff is not covered by the terms and conditions of the policy and hence the plaintiff is not entitled to any decree as prayed ......oy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another……………………………&..Category: Business or Commercial Law | Date: | Hits: 151
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....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 ......a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Syed to his residence at No. 405 E, Road No. 27 (Old), Dhanmondi Residential Area, PS Dhanmondi, Dhaka in terms of the agreement dated 21.8.94 entered into by and between the plaintiff and defendant-respon......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h..Category: Family Law | Date: | Hits: 162
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....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. ......umps manufacturer and that he purchased the pumps from the local market and supplied the same to the University authority. Further case Of this respondent was, that the matter was to be guided by the terms of the tender and contract, that the University authority was free to return the pumps if they......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....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. ......beyond the pleading of the contesting defendant. Leave was also granted to consider the submission that oral evidence is not admissible under section 92 of the Evidence Act to vary or contradict the terms of the mortgage deed. 7. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the plaintiff...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., 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 ......t in payment of rent. 4. The appellant contested the suit by filing a written statement alleging, inter alia, that no fresh agreement could be made with the respondent because of some unacceptable terms and conditions offered by him. The appellant offered rent for the month of January 1986 betwee......ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ..Category: Tenancy Law | Date: | Hits: 82
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve 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 ......t of the grievance of the respondent in the writ petition seems to be that on the date of nationalisation of the Bhola College on 7-5-1979 he was acting as the Principal of the said College but in terms of rule 3 of the Absorption Rules of 1981, he was appointed as a lecturer on ad hoc basis of ......ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………....Category: Constitutional Law | Date: | Hits: 174
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ...... section 2(8) (b) of the Ordinance runs as follows: “2……………………….. ………………………….. (8) ‘Wages’ means all remuneration capable of being expressed in terms of money, which would, if the terms of contract of employment, express or implied, were fulfil......) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd...Category: Labour and Industrial Law | Date: | Hits: 130
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ...... of BTTB for transfer of licence in favour of the petitioner. Eventually BTTB issued Memo dated 31.3.92 under section 8 of the Telegraph Act cancelling the agreement dated 26.7.89 for violating the terms of clauses 3, 6, 7, 9, 17 and 23 of the agreement. BTL filed Writ Petition No. 1286 of 1992 ......ip;……………………………………………….. Petitioner Vs Bangladesh Telegraph and Telephone Board and others……………………&hell..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......nstallation was going on HBTL, the joint venture company, was secretly taking steps to oust BTL from the joint venture company and by letter dated 20.7.91 alleged default of BTL in complying with the terms of the joint venture agreement. Six days later HBTL proposed to BTL to buy out its shares. The......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ...... property was transferred to defendant No.1 by the kabalas Ext.1 and A in 1981. In the facts and circumstances of the case, we do not think that the plaintiffs are entitled to a decree in the above terms as submitted by Mr. Khan. 21. For the reasons, we are of the opinion that the v......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....y the Court of Settlement. The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102, only if it could be shown that the tribunal had acte...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......much an infructuous one, if the appellant cannot succeed on his contention that he is governed by the law then existing. 18. Sub-section (4) of section 339C of the Cr. P. C. was in the following terms before amendment by the Code of Criminal Procedure (Second Amendment) Act 1992 (Act No. XLII o...... Vs. State ………………………………………………………..Respondent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers I..Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nce version of the case. 14. After having discussed the nature of the evidence adduced in this case I would like to refer to certain important decisions where it has been laid down in clear terms that in a case under sections 161 and 165A, a Court should be very cautious and scrutinising ......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb..Category: Criminal Law | Date: | Hits: 68
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