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Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of ...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……&helli......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, M...... is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
.... Kumar, Ranginimoyee Dashya and Soudamoni Deshya, recorded in CS Khatian No. 390, Mouza Kazipur, PS Gangni, Meherpur; that during SA Operation the suit land was wrongly recorded in the name of the Government and they instituted TS No. 50 of 1969 for correction of record and got a decree; that in......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......Afzal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Responde...... Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment ......Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The pe......ision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Jud......fore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………&hell...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Appellant Vs. Jahan Ara Akhtar & others …………………Res...... 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....e of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......atifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…………………&...... 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....covered by a usufructuary mortgage, the mortgagor may apply to the Sub divisional Magistrate or, after the expiry of the period of such mortgage, to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemp......the operation of section 95 got registered kabalas attended with unregistered agreement so that the transaction would not be considered as complete usufructuary mortgage. This court in the case of Bangladesh vs. Abdul Gani, 32 DLR (AD) 233 pointed out with reference to the background of the legi......atifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents ......(AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....fair enough to submit that no legal right has accrued to the petitioner merely because he has come out to be the highest bidder. Mr. Ahmed also submits that the petitioner can have no right it the Government decided to allot the disputed Bamboo Mahal to the Paper Mill for its own consumption as m......ent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ................. Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ........Corpn. of India vs. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Sayyid Shahid Hussain, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record— For the Petitioner. Abdus Samad, Advocate, ins..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....not to release it before 15 May, 1974. There is nothing in evidence to indicate that the plaintiff had actually taken possession of the suit property in pursuance of the release order made by the Government, although he might have come into possession at a subsequent period. It is to be noticed......aised the level of the low land. In March 1964 defendant No. 1 without executing and registering the sale deed in terms of the aforesaid agreement migrated to India. Although he came back to Bangladesh in 1972 and 1973 he failed to fulfill his obligation regarding transfer of the suit lan...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli...... also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment Augu......Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ...... Latifur Rahman J Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …&......) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......emoved. The relevant provision of the said Order reads thus: “2. Final revival of the Constitution.- All provisions of the Constitution of the People’s Republic of Bangladesh, which have not already been revived, are hereby revived; and all modifications made in...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………&helli......) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....gs of a court but it is not a Court proper, which exercises all the judicial powers of the Court provided under the Code of Civil Procedure. Reference may be made of the cases of Mujibur Rahman vs. Government al Bangladesh & Others 44 DLR (AD) III; Kazi Nazrul Islam vs. Bangladesh House Buil...... Rouf J Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent&n......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....e writ-petitioner alleged that respondent No. 11 (the appellant) is a teacher of the Sammilani Girls’ High School situated at village Boalpur, PS Morrelgonj, District Bagerhat which is a non Government secondary school within the meaning of section 2(1) (h) (j) of the Intermediate and Seco......……………….. (b) he shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in Bangladesh. (2) any person, who contravenes any of the conditions of service as stated in su......sp; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ......nbsp; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ince the order of conviction and sentence was passed upon them by the trial Court and a further six years have gone by since the passing of the impugned judgment by the High Court Division. If the Government was earnest and serious for a re-trial in the interest of justice, as it is said now, it......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ate………………………………………………………….. Appellant Vs. Golam Mostafa & ors……………………......d. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Audito......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……&helli......le’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………….Appellant Vs. Abdul Latif Chokder ……………………&he......) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....herefore, is that the expression “person aggrieved” means not only any person who personally aggrieved but also one whose heart bleeds for his less fortunate fellow beings for a wrong done by the Government or a local authority in not fulfilling its constitutional or statutory obligations. …......a Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood C......1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....ent Mohammad Abdur Rouf J.- The Petitioner Md. Shahinur Alam as a Munsif was proceeded against under the Government Servants (Discipline & Appeal) Rules, 1985 on the charges of misconduct and corrupt......alendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Jud......nbsp; Bimalendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others…………&hell...... 211. ..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....late Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appel...... (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants V......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. Mashiur Rahman and others…………………&hell......) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of P......Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dh......ted by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………………………..Appellant Vs. AKM Yousuf Mia & others……………….Respondents&......DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......was just and convenient to appoint a Receiver in respect thereof. In coming to this conclusion the learned Judges noticed that Shibajee Prasad had sworn an affidavit through the High Commission of Bangladesh to the effect that he had not executed any bainapatra or deed of sale in favour of defen......J Bimalendu Bikash Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others…………………&hell......8) 199. ..Category: Property Law | Date: | Hits: 87