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Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......e Government. There is nothing on record to show whether the Railway Board was merged with the Government before the alleged agreement was made with the plaintiffs nor there is anything to show the terms upon which the alleged merger had taken place. It may be observed that no such case was made...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&he..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......te court to that effect. Amendment of the plaint disputing defendant appellants kabalas was wrongly allowed by the trial court after receipt of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amen......8) 148. ..Category: Procedural Law | Date: | Hits: 149
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......d of visiting his son. 4. In all fairness a father cannot be denied access to his minor son while in the custody of the mother. If the petitioner’s prayer for visitation on the terms prayed for by him is not acceptable to the Family Court there are other methods of allowing ......;………….Petitioner Vs. Mrs. Bilkis Jahan Ferdous................ Respondent Judgment December 12, 1996. The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his m..Category: Family Law | Date: | Hits: 156
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......e the work to Bangladesh Shipping Corporation which had been doing the same work at a much higher rate. While issuing Rule Nisi on 14-7-97, the Division Bench issued an interim order in the following terms- “Let the operation relating to discharge of bulk wheat from the out-turn vessels ...... Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. The Constitution of Bang..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......aintained with the defendant No.1 Bank at BCCI Bhaban, 30-3 1, Dilkusha Commercial Area, Dhaka or elsewhere.
3. The plaintiffs by another application prayed for temporary injunction in the above terms and upon notice, the defendants put in their written objection.
4. For the present purpos......
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mai..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ng before the High Court Division. 9. But that does not preclude us from considering whether the writ petitioner made out a strong prima facie case for issuing an interim order in the terms it has been issued. Mr. Islam’s submission in respect of supplementary duties is a rele...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......al in a case where the conviction is found to be unsustainable for lack of requisite evidence. The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ...... Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner ..Category: Criminal Law | Date: | Hits: 92
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......………...Respondent Judgment March 24, 1997. The Code of Criminal Procedure (V of 1898) Section 99A(1)(c) Once the Special Bench of the High Court Division has applied its mind in terms of section 99D of the Code of Criminal Procedure by going through the offending books there is......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. The Code of Criminal Proc..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......ow this petition for leave to appeal from the decision of the High Court Division. Syed Ziaul Karim, learned Advocate for the petitioner, submits that the petitioner’s appointment, training, terms and conditions of service are regulated by the Union Council (Village Police Force) Rules 196......Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of ..Category: Employment/Service Law | Date: | Hits: 94
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......e he had to receive and help incoming passengers at the request of superior officers and friends. He did not know that the accused foreign nationals were carrying gold with them. He was not on good terms with Customs and Immigration Officials against some of whom he had submitted reports and as ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... Master cartons. Respondent Nos. 1-2 did not settle the claim and ultimately by letter dated 12-10-91 repudiated the claim of the appellant entirely contending that the loss was not covered by the terms of the DOS Policy. Hence the suit. 4. Respondent Nos. 1-2 entered appearance in the ......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&..Category: Business or Commercial Law | Date: | Hits: 147
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......ecrees prior to withdrawal. If the application for withdrawal is allowed and at the same time the decree or decrees passed by the Courts below be retained it would create a situation contradictory in terms. Therefore, an order of setting aside judgments and decrees in the suit withdrawn should natur......8) 71. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......scellaneous Case No.78 of 1990. The appellant appeared and contested the Miscellaneous Case contending that the case was not maintainable as the respondent failed to prepare the experimental bills in terms of the agreement within the specified period and the bills having been found unacceptable the ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Telegraph and Telephone Board …………………………Defendant-Appellant Vs. Lithi Enterprise..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....l act of the father would amount to a denial to the children of that care and loving which they are entitled to at all times from their mother. Dr. Hossain submits that the High Court Division has an extraordinary jurisdiction, namely, the habeas corpus remedy, to assure immediate protection to the ......rted hearing the appeal, we asked the learned Counsel of the parties to try and make an agreed arrangement on the basis of the said offer of the appealant.Unfortunately, the parties could not come to terms, rather they started finding more faults with each other. In the circumstances, we have come t...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....of interview before the Promotion Committees. As the Supreme Court of India held in the case of Indian Airlines Corporation vs. Captain KC Shukla (1993) 1 SCC 17, “Adjusting equities in exercise of extraordinary jurisdiction is one thing but assuming the role of selection committee is another. The......tution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders of the President, i.e. in terms of Article 55 (4) of the Constitution and have been issued under the proviso to Article 133. T...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ying declaration being nearer to death the learned Judges believed the same. Apart from this, on scrutiny of the evidence of the two eye-witnesses, namely, PWs 4 and 7 we also find that they in clear terms mentioned about the participation of these two accused-petitioners in inflicting injuries on t......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same...Category: Procedural Law | Date: | Hits: 157
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before a...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T..Category: Procedural Law | Date: | Hits: 134
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......৯৬ রেজিষ্ট্রার” 7. The Cause List of the learned Single Judge during the concerned vacation mentions the jurisdiction of the Single Vacation Judge in the following terms: “যে প্রকার মামলা গ্রহণ করা হইবেঃ ......J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......and another …………………...Respondents Judgment January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismissal. The Director General could t......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......rra of supplying the items minimum 30 days’ credit and advance 50%. By fax message dated 23.1.1996 defendant No. 4 confirmed to supply the vessel at Mongla port the aforesaid items at the rate, terms and conditions of the plaintiff. Defendant No. 4 gave supply orders to the plaintiff as agent ......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
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