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Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)

.... Haque Siddique, Advocate-on -Record—For the Respondents. Rafique-ul-Huq, Senior Advocate — Amicus Curiae. Civil Appeal No. 20 of 1995. (From the Judgment and Order dated 12-7-94 passed by the High Court Division in Company Appeal No. 1 of 1993). Judgment: ......vision in Company Appeal No. 1 of 1993). Judgment:       Mustafa Kamal J: This appeal by leave raises a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of the Companies Act, 1913 (rectification of sh..

Category: Business or Commercial Law | Date: | Hits: 118

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

.... Appeal No. 431 of 1992). Not represented — Respondents (In Civil Petition for Leave to Appeal No. 431 of 1992). Civil Appeal No. 52 of 1991. (From the judgment and order dated 12.11.1990 passed by the Nigh Court Division, Dhaka in Review Petition No. 8 of 1990 (arisin......lise 22 non-government colleges with effect from 7 May, 1979 among which Bhola College was one and it got the approval of the President for such nationalisation. In pursuance of the said Government decision the governing body of the Bhola College caused transfer of the college to the Government a..

Category: Constitutional Law | Date: | Hits: 174

Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)

....spondent No. 1. Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Respondent No. 7. Not represented—Respondent Nos. 2-6. Civil Appeal No. 88 of 1994 (From the Judgment and order dated 8-11-93 passed by the Appellate Administrative Tribunal in Appeal No. 75 of 1993) Judgment......absolutely wrong to say that his case was rejected on 30-6-90; that the claim of respondent No. 1 was time-barred and the Administrative Tribunal could neither have admitted his application nor could decision be given in violation of the specific provisions of the statute. 5. Administrative Trib..

Category: Administrative Law | Date: | Hits: 167

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....ddin Chaklader, Advocate-on- Record— For the Appellants. Ex-Parte —For the Respondents. Civil Appeal No. 45 of 1990. (From the Judgment and order dated 15.7.1987 passed by the High Court Division, Comilla Sessions, Comilla in Civil Revision No.......284 and whether he erred in law in deciding the case on a wrong interpretation of section 23 of the Contract Act, matters which are of great public importance. 6. The moot question for decision in this appeal is, whether the two kabalas executed by the appellant and registered in fa..

Category: Property Law | Date: | Hits: 72

Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)

....” For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). Judgment ......assed by the High Court Division in Civil Revision No. 3663 of 1991). Judgment Md. Abdur Rouf J.- This appeal by the Managing Director of Rupali Bank defendant No. 1 by leave, is against the decision of the High Court Division, in Civil Revision No. 3663 of 1991, discharging the Rule on 27 ..

Category: Labour and Industrial Law | Date: | Hits: 152

Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)

....Haque Siddique, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Civil Petition for Leave to Appeal No. 129 of 1994 (From the judgment and order dated 20.2.94 passed by the High Court Division in Writ Petition No.273 of 1994). Judgment: ......ement acted illegally in refusing to release the property from the list of abandoned property and, as such, the learned Judges of the High Court Division fell into an error in upholding such wrong decision of the Court of Settlement by the Impugned judgment and order. 4. The Court of Set..

Category: Property Law | Date: | Hits: 48

Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)

....: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by the High Court Division in civil Revision No. 3037 of 1995)  &n......Advocate on Record appearing on behalf of the petitioner, has submitted that the learned Judge of the High Court Division has committed an error of law in making the Rule absolute relying upon the decision of this Division in the case of Md. Shajahan vs. Md. Sadeq and another reported in 38 DLR ..

Category: Others | Date: | Hits: 98

Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)

....tab Hossain, Advocate-on-Record — For the Petitioner. Not Represented— Respondents. Civil Petition for Leave to Appeal No. 552 of 1995, (From the Judgment and order dated 1.8.95 passed by the High Court Division In Writ Petition No. 1607 of 1995) Judgment: ...... the Customs Act, that it is malafide being beyond the scope of sections 25, 30 and 80 the Customs Act and that the remedy of appeal, etc is not an equally efficacious remedy. He has cited various decisions in support of all his submissions. 5. The fact that the petitioner has to deposit ..

Category: Business or Commercial Law | Date: | Hits: 111

Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)

..... Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by the High Court Division In Writ Petition No. 1414 of 1994) Judgment: &......ction to decide as to whether any property is abandoned property or not and that the said Court in exercise of its exclusive jurisdiction and in consideration of the materials on record gave their decision that the property in question had wrongly been enlisted as an abandoned property. Mr. Khan..

Category: Property Law | Date: | Hits: 58

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....ellant. 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 of 1994). ......n direct the taking of cognizance.” 9. The aforesaid cited case in 35 DLR 140 was appealed against in the Appellate Division (Abdus. Salam Master vs. State, 36 DLR (AD) 58) and the decision of the High Court Division reported in 35 DLR 140 was affirmed, but the aforesaid observa..

Category: Criminal Law | Date: | Hits: 60

Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)

....uddin Chaklader, Advocate- on- Record— For Respondent Nos. 1—4. Not Represented — Respondent No.5. Criminal Appeal No. 11 of 1994. (From the judgment and order dated 12.4.94 passed by the High Court Division in Criminal Misc. Case No. 438 of 1994). Jud......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..

Category: Criminal Law | Date: | Hits: 63

W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)

....Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed by the High Court Division. Dhaka in Civil Revision No. 3274 of 1993). ......in the trial Court or in the High Court Division to support respondent No. l’s application for rejection of the plaint. 7. It is submitted that the impugned judgment is contrary to the decision of the Appellate Division in Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & othe..

Category: Business or Commercial Law | Date: | Hits: 107

A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)

....y Serajur Rahman, Advocate- on-Record— For the Respondent Nos. 1 and 2. Not Represented — Respondent No.3. Civil Appeal No. 95 of 1993. (From the judgment and order dated 24 January, 199 passed by the Administrative Appellate Tribunal in Appeal No. 48 of 1992). ......benefits, but because of his pecuniary difficulties he prayed for an advance of Taka (one) lac from his future pension entitlement and that the advance could be adjusted later at the time of final decision as to pension. The Bank by its before letter dated 8th September 1987 rejected the appella..

Category: Employment/Service Law | Date: | Hits: 150

Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)

....-on-Record— For the Respondent No. 6 Not Represented—Respondent Nos. 1-5 & 7-8. Civil Petition for Leave to Appeal No. 353 of 1993. (From the judgment and order dated July 8, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 276 of 1993). ...... Member of the Parliament of the area advised the Ministry not to shift the office of the Union Parishad from the present location as it would create dissatisfaction amongst the people. 3. A decision of the Government that the community centre be constructed at Tebaria was communicated by..

Category: Property Law | Date: | Hits: 71

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

.... 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). Judgment: ......on came up for repeated interpretation. Any interpretation of Article 58 (now repealed) of the Constitution by us while disposing of an application of this nature will not be on a par with the Indian decisions on the subject because our decision too will be tentative in nature and will not be bindin..

Category: Anti-Corruption Laws | Date: | Hits: 105

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....enior Advocate, (Zakir Ahmed Senior Advocate with him) instructed by Md. Aftab Hossain, Advocates-on-Record—For the Respondents. Civil Appeal Nos. 70 to 74 of 1994. (From judgment and order dated 18th May, 1994 passed by the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 ......meeting of the Disciplinary Committee was asked to be convened at 1-30 PM on 20.10.1993. 5. It appears that on the following day that is, on 19.10.1993, the Staff Council met at 12-00 Noon as per decision of the last night’s meeting and in course of the said meeting, an application from the In..

Category: Constitutional Law | Date: | Hits: 169

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....d, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 300 of 1995 (From the Judgment and Order dated 8.5.95 passed by the High Court Division in Writ Petition No. 1321 of 1994). Judgment: ......ischarged the Rule insofar as the cellular radio telephone system is concerned. BTL took an appeal to this Division and by judgment and order dated 19.4.93 passed in Civil Appeal No. 73 of 1992 the decision of the High Court Division was reversed so far as it related to cellular radio telephone ..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

.... Aftab Hossain Advocate-on-Record — For the Respondent No.2 (In Civil Appeal No.3 of 1993). Civil Appeal No. 73 of 1992 And Civil Appeal No.3 of 1993. (From the Judgment and order dated 18.8.92 passed by the High Court Division in Writ Petition No. 1286 of 1992) Judgment Mu......nctions of BOI shall be, according to section 7(e), “approval and registration of all industrial projects in the private sector involving local and foreign capital”. Section 11(6) provides that a decision given by BOI approving an industrial project shall be deemed to be a decision given by the ..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....ate, (BK Das, Advocate with him) instructed by Md. Aftab Hossain Advocate-on-Record — For the Respondents. Civil Appeal No. 35 of 1993. (From the judgment and order dated 5th August, 1991 passed by the High Court Division, Dhaka in Civil Revision No. 2437 of 1990......5 and the learned District Judge, Sylhet, who heard the appeal, by his judgment and decree dated 20.3.1986, dismissed the same and confirmed those of the trial Court. 6. From the said decision of the learned District Judge, Sylhet defendant No. 1 moved the High Court Division (Sessi..

Category: Property Law | Date: | Hits: 84

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

.... Advocate-on- Record— For Respondent Nos. 1 & 2. Not represented—Respondent No. 3. Civil Appeal No. 59 of 1994. (From the judgment and order dated 29th October, 1991 passed by the High Court Division in Writ Petition No. 1602 of 1988). ...... appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution...

Category: Property Law | Date: | Hits: 57