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Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

.... is allowed. The Administrative Tribunal Act, 1980 (VII of 1981), section 4(2) The Police Officers (Special Provisions) Ordinance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go ......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......l CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 1......within the period of limitation……………………..(12) Case Referred to- SA Ali vs. Secretary Establishment, 31 DLR (AD) 256. Lawyers Involved: Awlad Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Petitioners. M Shamsul Alam, Deputy Attorne..

Category: Administrative Law | Date: | Hits: 111

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....e his father died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been discharged from Government service with effect from 1.7.76. He applied for a copy of the order of discharge which h......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ...... Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Sha...... Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Shamsul Haque Siddique, Advocate‑on‑Record- For the Appellants. Mvi. Md. Wahidullah, Advocate‑on‑Record- For the Respondent No.1. Not represented ..

Category: Property Law | Date: | Hits: 124

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....u for that. He was placed under suspension by an order dated 3.5.1988 on the allegations of misconduct and breach of office discipline. Thereafter he was served with charges under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988 bringing allegations on four h......nt Vs. Hasan Ahmed Bhuiyan and another...............................................Respondent Judgment June 19th, 1995. Case Referred to- Bashir Ahmed vs. Bangladesh lute Mills Corporation and others 44 DLR (AD) 267. Lawyers Involved: Sira......ahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant Vs. Hasan Ahmed Bhuiyan and another...............................................Respondent ...... is also reported in: 47 DLR (AD) (1995) 143 ..

Category: Administrative Law | Date: | Hits: 138

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

.... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and a...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……�......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Touri......eal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

....ssain, Khondkar Mahbubuddin Ahmed and Rafiqul Huq." 7. We have been informed just now by the learned Attorney‑General that Mr. Asrarul Hossain has been given special assignment to represent the Government in this matter. The learned Attorney‑General has, however, offered that he will be avai......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. 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......(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....... This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..

Category: Constitutional Law | Date: | Hits: 248

Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)

....preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Shameen…………………………..........Appellant Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: T...... Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Shameen…………………………..........Appellant Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is a......09. ......…………………..........Appellant Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo ..

Category: Criminal Law | Date: | Hits: 75

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 ......r management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khaled Hamidul Huq Chowdhury, and 6 daughters, respondent Nos.1 to 7. Respondent No. 8 is the Editor of the Bangladesh Observer, a subject matter of the Trust. 2. Respondent Nos.1‑3 by filing a ...... 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 ......rmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (1869) 4 Ch. 783; (1875) 10 Ch A 273; (1875) 10 Ch A 55. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant. Alimuzzaman Cho..

Category: Property Law | Date: | Hits: 76

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....ng to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not available to the Government, once the appellant joined the service and acquired a vested right. 3. The commo...... (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 April 30th,......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...... Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate – on ‑ Record ‑ For Respondent No.3. Aminul Huq, Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondents 1‑2. Civil..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....o.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyan......nt: Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] ...... Present: Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19...... ..

Category: Property Law | Date: | Hits: 86

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....scharged from the service of the Corporation. 3. In exercise of the powers conferred by Article 21 of the Bangladesh Parjatan Corporation Order, 1972 (President's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were ......: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............p; ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment&nb......ant Vs. AKM Abul Kalam.............................................Respondent Judgment August 18th, 1994, Lawyers Involved: Md. Abu Tarique, Advocate instructed by Sharifuddin Chaklader, Advocate- on- Record -For the Appel..

Category: Employment/Service Law | Date: | Hits: 134

Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)

..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Road Transport Corporation...........................Respondent‑Petitioner ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Road Transport Corporation...........................Respondent‑Petitioner Vs. Aminur Rahman & another.............................................Petitioner‑......Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Petitioner. ANM Gaziul Haque, Senior Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petiti..

Category: Employment/Service Law | Date: | Hits: 101

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....�……………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakis......is also Reported in: 47 DLR (AD) (1995) 52 ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... consideration received by the defendant‑appellant was very inadequate and that performance of the contract would involve hardship on the appellant. 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually reside...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents ...... BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record‑ For the Appellant. SR Pal, Senior..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....nder section 44 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were looted during d......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondent.........................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Md. Abdus Sobhan, Advocate, instruct..

Category: Property Law | Date: | Hits: 51

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... 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 Judgment June 26th, 1994. ......Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. Lawyers Involv......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 ......pellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record- For the Appellan..

Category: Property Law | Date: | Hits: 62

Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)

....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......rs and parties interested in the vessel MV Global Trader as defendant No. 3 stating that it imported 14,400 metric tons of cement by opening letter of credit through defendant No. 7 Al Baraka Bank (Bangladesh) Limited favouring defendant No.6 which is the Hongkong supplier of cement. Defendant N......late Division (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......1 All ER 1121; British India Steam Navigation Co. Ltd. vs. Sharimughavilas Cashew Industries and others (1990) 3 SCC 481. Lawyers Involved: Moudud Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Petitioner. Rafique‑..

Category: Admiralty Law or Maritime Law | Date: | Hits: 228

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

....e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman 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, Ban...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman 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 Secret...... 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......yan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. Ziaur Rahman Khan, Advocate (appeared with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 ..

Category: Property Law | Date: | Hits: 79

Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)

....rict. The Ministry of Relief allotted seven hundred CI sheets for distribution, free of charge, to individual families and educational institutions affected by the devastating flood of that year. The Government while making the allotment requested the appellant and the Upazila Chairman, co‑accused......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 ......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......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 ..

Category: Criminal Law | Date: | Hits: 76

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

.... MH Rahman J 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 Augus...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh an...... Present: MH Rahman J 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 ...... 47 DLR (AD) (1995) 01 ..

Category: Constitutional Law | Date: | Hits: 203

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 ......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, 1996. ...... 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, ......d. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..

Category: Election Law | Date: | Hits: 133

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