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Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....ng into Chittagong Port from the outer anchorage the said vessel collided with Bangladesh Naval Frigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementio......ted 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port Authority. The appeal is by way...... Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Judgment Januar......Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondent..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... Saha………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others &......……………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …&hellip...... Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment ......ngshu Kumar Saha………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, a..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... 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 and another…………......nbsp; Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum&helli......p; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum……………………&hellip..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....ied the same scale of pay (Taka 310.00-670.00) and that is the reason why the appellant was absorbed as an Inspector of Taxes, but previous to 1-7-73 an Upper Division Assistant in the then Central Government used to draw a pay in, the scale of Taka 135.00—315.00, whereas the scale of pay ......purpose of counting his seniority in the post of Inspector of Taxes, 2. The appellant joined the Presidents Secretariat in Islamabad on 29-9-70 as an Upper Division Assistant. On return to Bangladesh hews taken in the Ministry of Foreign Affairs in the same post carrying a scale of pay o...... Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others…………………………. Responde...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others……………&h..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......i PS Case No. 10(10) 96 (OR Case No. 2923 of 1996). The case started on an FIR filed on 2-10-96 by AFM Mohitul Islam, receptionist- cum-resident PA at the Dhanmondi residence of the then President of Bangladesh, Bangabandhu Sheikh Mujibur Rahman on the fateful night of 14 August, 1975 and related to......he Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......upreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
.... the Code of Criminal Procedure, Criminal Revision No. 2399 of 1991(D), for quashing the proceedings of the Sessions Case taking the ground that the revival of the case was illegal inasmuch as the Government did not make any prayer for revival as required under section 339D. 3. The petiti......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......vision (Criminal) Present: ATM Afzal, CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State &he......mal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State ………………...Respondent Judgment ..Category: Criminal Law | Date: | Hits: 74
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....Officer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Information Report, Pangsha PS Case No. ...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. Sta......stafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. State…………….. Respondent Judgment August..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... Nesar Ahmed also known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…&hel......lso known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another………&h......lip;…………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
.... of the Civil Court, but because the Board of Directors of the respondent bank illegally refused his prayer for arrear salary and other reliefs in violation of the decisions laid down in the cases of Government of Bangladesh vs. Md. Mustafa and others 35 DLR 404, Saleh Ahmed Joarder vs. People’s R...... Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Respondents Judgment November 4th, 1996. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangla......d in: 49 DLR (AD) (1997) 109. ......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Resp..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent ......Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent Judgment April 8th, 1996......Advocate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. (From the Judgment and order dated August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to App......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..Category: Administrative Law | Date: | Hits: 112
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....nder the Penal Code. A Special Court shall take cognizance of, and have jurisdiction to try, an offence punishable under the said Ordinance only upon a complaint in writing made by such person as the Government may, by a general or special order, authorise in this behalf (section 26(3)). 4. In t......and were lodged in a hotel. Thereafter accused-petitioner No. 1 fled away and the Thai Police arrested the affected persons who were put in jail. On being released from jail they somehow came back to Bangladesh, but their money was not refunded. The allegation prima facie attracts the mischief of th......1997) 106. ......nal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Noor Jahan Begum and another…………………………..Petitioners Vs. State, being represented by the Deputy Commissioner and another ……..Respondents Judg..Category: Criminal Law | Date: | Hits: 149
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......a Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment ......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..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 ......7) 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..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......al 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 petition is d......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..Category: Constitutional Law | Date: | Hits: 163
....n: 49 DLR (AD) (1997) 87.
......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and othe......te Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and others………...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
..
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......ppellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Appellant Vs. Jahan Ara Akhtar & others …………………Res..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 ...... Present: ATM Afzal CJ Latifur 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…&hellip......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…………………&..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...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. ......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 ..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 .................ur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 C...... 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 ....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......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli..Category: Property Law | Date: | Hits: 72
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