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Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....te instructed by Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 1. Not Represented ‑ For the Respondent Nos.2-4. Civil Appeal No. 57 of 1993. (From the Judgment and Order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of......ion. But what are grounds and what are the criteria to be applied for attributing or not attributing vagueness to them? In the case of Abdul Latif Mirza 31 DLR (AD) 1, upon a reference to a number of decisions it has been held: “Grounds, no doubt, mean conclusions derived from certain facts..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....ahidullah, Advocate‑ on‑ Record ‑ For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Appeal No. 9 of 1994. (From the judgment and order dated 14 July 1993 passed by the High Court Division in First Appeal No. 87 of 1986). Judgm...... Judgment Shahabuddin Ahmed CJ.- This appeal by special leave is directed against a decision of the High Court Division dated 14 July 1993 in first Appeal No. 87 of 1986 confirming t..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ga Chandra Dey, Tanu Bala Day, Indra Bala Dhar and her husband Aswini Kumar Dhar were the auction purchasers. This defendant purchased the 8 annas share of Dinesh Chandra Dey by a registered Kabala dated 1 January 1970. She is living in a dwelling house on the suit land since the settlement. Unde......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 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....sp; Dr. Rafiqur Rahman, Senior Advocate (MA Baqui, Advocate with him) instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1‑8,10‑17,19 & 21. Abated vide Order dated 25.8.93 ‑Respondent Nos. 9 & 20. Civil Appeal No. 14 of 1991. (From the Jud......suit relating to partition was decreed in preliminary form. 6. In revision a learned Single Judge of the High Court Division again considered Ext. 1 elaborately and after considering several decisions concurred with the lower appellate Court that Ext, 1 confers on the plaintiff the right of..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....4. Judgment: Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily rejecting t......laint for a further declaration that the appellants are not the son and daughter of the said Syed Mohammad Azam. The suit is still pending and respondent No. 1 is very much a party to the suit. Any decision taken by respondent No. 1 concerning the order dated 8.8.84 or any conclusion drawn by hi..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....ub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 1402 of......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....n‑Record ‑For the Respondent No. 1. Not represented‑Respondent Nos. 2‑11 Civil Petition for Leave to Appeal No. 675 of 1994 (From the Judgment and Order dated 5.9.94 passed by the High Court Division in Admiralty Suit No. 20 of 1994). Judgment: ...... plaintiff, has the obligation to take all precautions to inquire and comply with all the conditions of carriage of goods by Sea. He has however failed to substantiate his submission by citing any decision in this regard. 6. The Charter Party Agreement having not been incorporated or ment..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....dvocate (appeared with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgment ......ase No. 2 of 1987‑88 for extension of Uttara Township was nearing completion the appellant made a representation to the President on 2 October, 1989. The Ministry of Works, respondent No. 1, gave a decision on 27 January 1990 to the effect that the area of land for which respondent No. 2 had given..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....bsp; Mustafa Kamal J: This appeal by leave by defendant Nos. 2‑4 is from the Judgment and order dated 26.4.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 718......ing the Court with a fait accompli.” In so holding we relied upon two English cases, namely, Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774 and also upon sonic decisions of the then Dhaka High Court. The present case falls squarely within the perimeter of the..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....Additional Attorney‑General, instructed by Sharifuddin Chaklader, Advocate‑on Record ‑For the Respondents. Civil Appeal No. 22 of 1993. (From the judgment and order dated 31 March 1992 passed by the High Court Division, Dhaka in Writ Petition No. 1170 of 1992). ......s of the parties at length. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant has cited a number of decisions of foreign jurisdiction- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....dvocate, instructed by Md. Ataul Huq, Advocate-on-Record- For the Respondent Nos. 1 and 2. Not represented— Respondent Nos. 3-20. Civil Appeal No. 87 of 1994. (From the Judgment and Order dated 9-6-94 passed by the High Court Division in Civil Revision No. 1350 of 1993). Judgment M......984 by bringing certain facts, materials and prayers of a later suit, namely, Title Suit No.23 of 1992 of the 2nd Court of Subordinate Judge, Sylhet. The High Court Division observed that there is no decision in which it has been held that the facts and prayers of a pending suit may be incorporated ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....by MW. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Respondent Nos. 1-2 & 4-10-Not represented. Petition for Leave to Appeal No. 237 of 1996. (From the Judgment and Order dated 1-6-96 passed by the High Court Division in Writ Petition No. 1732 of 1996). Judgment M...... convicted after his election, as provided under section 8 (a) of the Act. This is with reference to the Representation of the People Act of India. 5. The High Court Division opined that a foreign decision is not binding on the High Court Division and it may have only a persuasive value. It relie..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....enior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 5 of 1994 (From the Judgment and Order dated 4 5-92 passed by the Nigh Court Division in Criminal Revision No 371 of 1989 with Criminal Rev......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....ord — For the Appellants. Monsur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 62 of 1995. (From the judgment and order dated 22 June 1993 passed by the High Court Division, Dhaka in Civil Revision No. 295 of 1985 (Rangp...... Division and obtained leave. In course of the appellate proceedings the plaintiff died and the present appellants were substituted in his place. 8. In terms of the leave granted by this Court the decision of this case turns upon the following two points: (1) Whether a mere plea of title offered ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....cate-on-Record- For the Respondent No. 2. (In Civil Appeal No. 18 of 1994). Civil Appeal No. 18 of 1994 with Civil Petition No. 39 of 1994. (From the judgment and order dated 7-4-1993 passed by the High Court Division in Civil Revision No. 1380 of 1991) Judgmen...... 6. The defendant took an appeal, Title Appeal No.223 of 1989, therefrom to the learned District 3 Dhaka. The appeal was heard by the learned Additional District Judge, First Court, who upheld the decision of the trial Court, by the judgment and decree dated February 17, 1991. 7. The unsu..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....h; For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 3232/1991, 806......demanding the customs duty on the basis of subsequent SRO in force at the relevant time. The learned Additional Attorney-General mainly submitted that the High Court Division wrongly relied on the decisions of the High Court Division and the Appellate Division in the case of A Hannan 40 DLR 273;..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....ppeal Nos. 77 of 1993) Ex-parte — Respondents No. 2 & 3 (In Civil Appeal Nos. 76 of 1993) Civil Appeal Nos. 76 of 1993 and 77 of 1993. (From the judgment and order dated August 11, 1993 passed by the High Court Division in Writ Petition Nos. 561 of 1987 an...... the same way as text-books are approved or prepared and published by it for schools. 21. Drawing support for his submission, the learned Additional Attorney- General, has referred to some decisions from the Indian jurisdiction and out of them we find particularly one decision quite appr..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....ok note of the fact that Subodh Ranjan Sarker, the son of the testator, wrote a letter to one of his uncles admitting the correctness of the will made by his father Shashi Kanta Sarker. In the letter dated 25-9-69, he clearly stated that his father informed him about the will before his death and he......llowed the application of the petitioner holding that the objector has no locus standi to file the petition of revocation of the will. 5. The learned Judges of the High Court Division affirmed the decision of the District Judge Judgment both on the locus standi of the petitioner and also on merit..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. (From the judgment and Order dated 8-1-95 passed by the High Court Division in Writ Petition No. 2595 of 1994) Judgment ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....ed by B. Hossain, Advocate-on -Record- the Respondents. Civil Review Petition No. 6 of 1990. Judgment ATM Afzal J.- This review petition by the plaintiff-respondents is from judgment and dated 26 November, 1989 passed by this Civil Appeal No. 36 of 1989 allowing the same and setting asi......ess a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not sit on the matter again for rehearing or further hearing which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference becaus..Category: Property Law | Date: | Hits: 80
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