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Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

.... Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. Bangladesh represented by the Secretary Ministry Local Government & others............ Respondents Judgment M...... Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. Bangladesh represented by the Secretary Ministry Local Government & others............ Responde...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. ......; AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. Bangladesh represented by the Secretary Ministry Local Government & ot..

Category: Election Law | Date: | Hits: 111

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

.... that he appeared in the Higher Secondary Certificate Examination of 1993 in Commerce Group under the Board of Secondary and Higher Secondary Education, Rajshahi bearing Roll No. Pab‑788 from Government Edward College, Pabna and he came out unsuccessful in the Examination. Upon obtaining m......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ ......d. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ Respondent Judgment August ..

Category: Constitutional Law | Date: | Hits: 182

Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......pleader duty appointed to act on his behalf, to oppose the proceeding". 5. Interpreting the aforesaid section and placing reliance in the case of Kalpana Das Gupta vs. Gopernment of Bangladesh decided by a learned Single Judge of the High Court Division reported in 40 DLR 373, th......164 ......d. Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Haripada Ghose and another................ Appellants Vs. Gopal Chandra Ghose..........................Respondent Judgment April 18..

Category: Property Law | Date: | Hits: 67

Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......r was accepted on the date of scrutiny on 8.12.91 in spite of an objection filed by the contestant respondent No.1 on the ground that the petitioner defaulted in repaying loan taken by him from the Bangladesh Krishi Bank, Konkapati Bazar Branch. The election was held on 1.2.92 and the petitioner ......llip;…………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Law......Taher …………………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment J..

Category: Others | Date: | Hits: 101

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. ...... 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 14, 1995. Result: The Appeal is......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..

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 ......l) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &nbs...... Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Sha..

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......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ......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 ..

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 ……�......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ......(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..

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......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 it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......(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..

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......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 Vs. State and others, 1989 Crl LJ 1270. Lawyers In......09. ..

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 ......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J...... 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 ..

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,...... 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, 1995. ......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..

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] ...... 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] Mrs. Laila...... 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.............ecord -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). ......p; ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment&nb..

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 ......e, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 114...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Road Transport Corporation...........................Respondent‑Petitioner Vs. Aminur Rahman & another.............................................Petitioner‑..

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 ......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ...... 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, ..

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......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994....... ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents ..

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 ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju...... 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..

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...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,......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 ..

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...... (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 st, 1994 Cas......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..

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

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