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Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....t Nos. 1-16 (In Civil Appeal No. 65 of 1994). Not represented—Respondent Nos. 18-22. (In all the appeals.) Civil Appeal Nos. 60-65 of 1994. (From the Judgement and Order dated 19-8-93 passed by the High Court Division in Writ Petition Nos. 21, 116, 302, 414, 711 and 7......ablishment is binding upon the Taxes Appellate Tribunal and that its newspaper advertisement is unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be given by the higher authority, it is highly improper that writ jur..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....e Appellant. AW Bhuiyan, Additional Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1996. (From the judgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335 of 19......t addressing the Government by letter immediately on receipt of the complaint which was not accompanied by the sanction as required under the proviso to section 6(5) of the Act, referred to number of decisions in support of his case. The learned Advocate submitted that before cognizance the learned ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....ants. M Nurullah, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 71 of 1990. (From the judgment and order dated March 6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 1985). ......nt No.4) was finally disposed of by this Division and the records came back to the original Court. The learned Judge has gone wrong in taking the aforesaid view and thus allowed himself to a wrong decision. 9. The general provisions relating to substitution of the legal representatives of..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate- on-Record - For the Appellants. Not Represented — Respondent Nos. 2-24. Civil Appeal No. 94 of 1993. (From the Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). Judg......gment of the lower appellate Court is based on total non-consideration of all the six witnesses of the pre-emptee-appellants and when non-consideration of this evidence has materially affected the decision of the case occasioning a miscarriage of justice. 6. The vital and material questio..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....he summons and the suit was decreed in due course. 5. The appellant examined three PWs. including himself and the respondent No.1 examined two DWs. including himself. In view of Order No.89 dated 25-3-1976 passed by the Subordinate Judge, Khulna in the suit stating that defendant Nos. 30-......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....t. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 of 1991).......esh Parjatan Corporation vs Mofizur Rahman 46 DLR (AD) 46, wherein this Division discussed the principles of estoppel and acquiescence. ATM Afzal J (as his Lordship then was) after referring to the decisions of the Judicial Committee in the case of Sarat Chunder Dy. vs Gopal Chunder Laha, Indian..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....vocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 190 of 1996. (From the Judgment and order dated 18.1.96 passed by the High Court Division, Dhaka in Civil Revision No. 989 of 1993). J......nsider the evidence upon which the finding of the trial Court has been based and consequently he entered into a detailed consideration of the evidence on record. 9. The material question for decision was whether there was shifting of Bhadrapara Adarsha Non-Government Primary School from ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....nior Advocate and Ajmalul Hossain, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondents. Civil Appeal No. 25 of 1993. (From the Judgment and Order dated 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: ...... case of Compania Maritima Astra, SA vs. Archdalf, known as The “Armar” case, 1954(2) Lloyd’s Rep. 95(101), “... in cases of marine insurance it is highly desirable that our decisions be kept in harmony with those of England, “the great field of this business.”..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....y B Hossain, Advocate-on- Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 32 of 1991. (From the Judgment and Order dated 26.6.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 399 of 1......of 1980 and the 1st Court of Additional District Judge, Pabna by judgment and order dated 8.8.81 allowed the appeal and again sent back the Miscellaneous Case on remand to the Executing Court for a decision as to whether the objector-appellant was a representative of the judgment-debtors. The le..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record—For the Respondents. Civil Appeal No. 82 of 1994. (From the Judgment and order dated 26.6.94 passed b the High Court Division in Civil Revision No.668 of 1989). Judgment: ...... other utility services such as, installation of new gas, water, sewerage lines. On the above findings the suit was decreed. 5. A learned Single Judge of the High Court Division affirmed the decision of the trial Court both on the question of default and bonafide requirements. 6. Le..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....sain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocates-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-6. Appeal No. 28 of 1995. (From the judgment and order dated 19-1-95 passed by the High Court Division in Writ Petitioner No. 47 of 1995). Judgment ......fact the same could not be decided in the writ jurisdiction, particularly, when the Returning Officer had decided the matter in favour of the petitioner, thereby leaving the question of age for decision, on evidence, by the appropriate authority, if and when raised after the poll. It is f..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....tructed by Md. Nawab Au, Advocate-on-Record — For the Respondent No.1. Not represented Respondent Nos. 2 and 3. Civil Appeal No. 31 of 1995. (From the Judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of 1994)......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....Record - For the Appellant. Gour Gopal Shaha, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record - For the Respondent. Civil Appeal No.21 of 1991 (From the Judgment and Order dated 19-6-90 passed by the High Court Division in Civil Revision No.1078 of 1978). Judgment ...... to grant such maintenance subject of course to considerations of limitation and the relevant circumstances of each case, and we hold accordingly.” 11. Mrs. Rabeya Bhuiyan submits that the above decision of the Lahore High Court, given on the 5th May, 1964, is holding the field for the last 32 ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....e Court, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent (In Criminal Appeal No.18 of 1992). Criminal Appeal Nos. 15, 16, 17 and 18 of 1992. (From the Judgment and Order dated 29 October, 1991 passed by the High Court Division in Criminal Appeal. Nos. 981, 998 and 1007 ...... inter alia, that as his tender was the lowest he may be given the work order for the supply of 4(four) West German made EMU pumps. On that representation the tender committee cancelled their earlier decision and asked for a fresh local tender by resolution dated 11-6-87. The aforesaid tenderers and..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ab Ali, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 1994). ......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....h;For the Appellants. Abdur Rob Chowdhury instructed by Md. Nawab Ali, Advocate-on-Record,— For the Respondent. Civil Appeal No. 81 of 1994. (From the Judgment and order dated 28.4..94 passed by the Administrative Appellate Tribunal in Appeal No. 87 of 1991). Judg......ribunal held that the proceeding against the respondent, though drawn under the Rules of 1976, shall be disposed of under the new Rules of 1984 providing for the time-limit and that since no final decision was taken within the period mentioned therein, or at least from the date of coming into fo..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
.... Pal, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For Respondent No.1. Ex parte - Respondent Nos. 2-10. Civil Appeal No. 89 of 1990. (From the Judgment and Order dated 20-8-90 passed by the High Court Division, Chittagong Sessions in Civil Revision No.183 of 198...... 13. In the present case it does not appear that Begumjan and the plaintiff entering into the subsequent transaction were varying or contradicting the terms of the deed of mortgage Ext. 2. Hence the decisions cited by Mr. Khandker Mahbubuddin Ahmed, namely, Mohammad Ahmed Saeed Khan Vs. Kishori Lal..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....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 of 1991). ......Taka 1098.00 with the Controller had made the appellant a defaulter, the deposit made being not complete and valid. In this connection he has drawn our attention to section 9 of the Ordinance and the decision of this Division referred to above which was considered by the learned Judge of the High Co..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
.... M. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 150 of 1995. (From the judgment and order dated 3 August 1994 passed by the High Court Division in Civil Revision No. 1260 of 1993). J...... that the degree of consanguinity is to be computed under section 28 of the Succession Act, 1925 read with schedule 1 thereof. In support of his contention Mr. Karim has referred to a Single Bench decision of the Dhaka High Court in the case of Tamizunnessa vs. Usnar All reported in 18 DLR 572 w..Category: Property Law | Date: | Hits: 56
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