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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
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......iscussion all the Council members condemned the incident and demanded arrest and exemplary punishment of the persons responsible for the said incident. It appears that two student’s organisations—Bangladesh Jatiyatabadi Chhatra Dal and Bangladesh Islami Chhatra Shibir filed written memorandums t......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………………………………………………Respondent (In Civil..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....ing BTL to operate several telecommunication systems including Cellular Mobile Telephone Service in the private sector. Eight months thereafter, i.e. on 25.3.90 BTTB issued, being empowered by the Government to do so under the Bangladesh Telegraph and Telephone Board Ordinance, 1979, a licence u......in: 48 DLR (AD) (1996) 30 ......ip;……………………………………………….. Petitioner Vs Bangladesh Telegraph and Telephone Board and others……………………&hell......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....tition was maintainable. 13. That was a simplistic disposal of the issue and needs a deeper approach to resolve it. 14. Section 4 of the Telegraph Act, 1885 provides that within Bangladesh, the Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: P......o reported in: 48 DLR (AD) (1996) 20......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19......……………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs. Bangladesh T & T Board & ors........... Respondents (In Civil Appeal No. 73 of 1992..Category: Information Technology Law | Date: | Hits: 242
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....dgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. After the liberation of......Khatoon and others ………………………………………………Petitioners Vs. Bangladesh and others............................................. Respondents Judgment ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasina Khatoon and others ……………………………&...... Hasina Khatoon and others ………………………………………………Petitioners Vs. Bangladesh and others............................................. Respondents ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….......on (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant ...... Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ...... Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....…………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M......s also Reported in: 48 DLR (AD) (1996) 1. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip......llip;………………………………………………….. Appellant [In both the Appeals] Vs. Md. Suruzzamal and others …………………&hellip..Category: Property Law | Date: | Hits: 61
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ......d. ..Category: Criminal Law | Date: | Hits: 62
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....nfant and the defendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have been acquired by the Government and accordingly those properties have been excluded in the suit. The lands mentioned in ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv...... Syed Modaris Ali ............Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May ..Category: Property Law | Date: | Hits: 59