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Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....dministrative Appellate Tribunal in Appeal No. 75 of 1991. The appellant while acting as a Director of Fire Service Civil Defence and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules,...... 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 ......e Appellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 ......ed 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 ..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....ntiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a reg......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 ...... 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 ......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......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
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and 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 ......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......hellip;…………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo. 27 DLR (Dhaka......ent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J ADC (Revenue), Pabna.....................Appellant Vs. Md. Abdul Halim Mia…………………….. Re..Category: Civil Law | Date: | Hits: 133
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....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 ......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 ......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......man J Mohammad Abdur Rouf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment ..Category: Property Law | Date: | Hits: 56
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 ......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......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......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. ......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......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) ......urt Appellate Division (Criminal) 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..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....hellip;………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………&hellip......;……………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ………………………&hell......ellip;………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………………..Respon......p;……………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ………………&hel..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....g, inter alia, that the respondent forcibly occupied the government quarter without any allotment order and he was again and again asked to vacate but on his failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him and after observing a......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...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizan......d Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizanur Rahman.………………….Respondent..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
.... previous agreement dated 7.1.1981. 12. Clause (5) provides that WASA charge will be paid at the rate of Taka 60.00 only per month by the tenants along with the rent. In case of enhancement by the Government the rate will be enhanced with the consent of the tenant. 13. Rent’ has mot been de......, 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 ......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 ......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Continental Corporation (Pvt.) Ltd………………………….. Defendant-Appellant Vs. Al-Haj Md. Ismail…………………………………………………………… Respon..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....”. Section 3(1) of the Companies Act provides as follows: “3. (1) The Court having jurisdiction under this Act shall be the High Court Division: Provided that the Government may, by notification in the official Gazette and subject lo such restrictions and con......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...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors&hel......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....996) 75 ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Government of Bangladesh……………………………&h......ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………........………………………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... 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 seniority are very important matters and a pers......………………….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...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appea......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996..Category: Administrative Law | Date: | Hits: 167
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....y binding upon the present petitioner but also upon the Court of Settlement. The learned Judges of the High Court Division rightly held that in view of the decision of the civil Courts between the Government and the present petitioner the Court of Settlement acted without any lawful authority in...... Md. Ismailuddin Sarker J Moinuddin (Md)……………… …………..Lessee Petitioner Vs The People’s Republic of Bangladesh, represented by the Secretary Ministry of Works and another ………&hel......ellip;………… …………..Lessee Petitioner Vs The People’s Republic of Bangladesh, represented by the Secretary Ministry of Works and another ……………..Respondents Judgment November 26......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
.... section 203 Cr. P. C. was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-res.......4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General Manager of Bangladesh Shilpa Rin Sangstha. He took voluntary retirement from service. He is now the Proprietor......or the Appellant. Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent. Criminal Appeal No. 4 of 1995. (From the Judgment and Order dated 18.4.95 passed by the High Court Division in Criminal Miscellaneous Case No. 1118 o...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Ismailuddin Sarker J Yusuf A Hassan.......................................... Appellant Vs. KM Rezaul Firdous………………………..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......udge and Artho Rin Adalat No. 2. Dhaka for a declaration that the sale of the Leather Board Manufacturing industry of plaintiff No. 1 WB Industrial Corporation Ltd. at Kalurghat, Chittagong by the Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, mala......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana and another …………………&h..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and there was Fund Regulations, 1961 was in force and there was no provision for any pension scheme. In 1979 Government approved pension scheme for retired employees of nationalised and other money-lending or......sent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment Janua...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment January 9th, 1995 Law...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 150
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others……………………&...... Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others………………………&hellip...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………&...... Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others………………&helli..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......lowing framing charges on 17.3.92 by the Senior Special Tribunal Judge, Dhaka in Special Case No.1 of 1992 against the petitioner, a former Vice-President, Deputy Prime Minister and Prime Minister of Bangladesh as also against Lt. General (Retd.) Hussain Mohammad Ershad, a former President and Mr. S......titioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). J......ppellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
.... is also Reported in: 48 DLR (AD) (1996) 40. ......(1996) 40. ......) 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....... 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. and others……………………Respondents Result: The appeal is..Category: Labour and Industrial Law | Date: | Hits: 130