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Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....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 ......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 ......ppeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by M. Nawab Ali, Advocate-on -Rec..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....his connection we may also refer to the following passage from the decision of the Full Bench of the Allahabad High Court in Ananti Vs. Channu, JLR 52 All 501 = AIR 1930 All 193, in which the general principles which should govern the question of jurisdiction of a suit at its inception were very ful......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......-Appellant Vs. Md. Jalaluddin Pramanik…………………Defendant-Respondent Judgment May 22, 1996. Case Referred To- B. Kunwar vs. Ranjit Singh. AIR 1915 PC 96= 42 IA. 202. Lawyer Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......[In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgment May 13, 1996. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Faiz Ahmed, Advocate with him..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....il over the notification issued under section 19 of the Customs Act. Although this Division in its judgment decided the case in favour of the writ-petitioner-respondent A Hannan on the basis of the principle of promissory estoppel, it was clearly held: (though not with elaborate reasons) “P...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... 227; 40 DLR 273; 42 DLR (AD) 167; Trade Channel vs. Collector of Customs (1992) 12 BLD) (HCD) 5; Abul Kashem vs. Bangladesh 47 DLR 57; Md. Brothers vs. Collector of Customs 48 DLR (AD) 58. Lawyers Involved: A W Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocat..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)
.... their text-books is not infringed by the publication of note-books thereof and that the claim of right also to do business cannot defeat the right of the respondents under Article 39 (2), for, the principle is, that if violation of more than one fundamental right is made the basis of a (writ) pe......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......onal Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary Affairs & another……………&hell..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....cted the writ petition on the ground that the appellant admitted slight deviation from the approved plan due to change of the boundary and as he was given an opportunity to explain his position the principle of natural justice was not violated. 4. Leave was granted to consider the submiss......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 ......er (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....dence which was not known or could not be produced before, (ii) on account of some mistake or error apparent on the face of the record, or (iii) for any other sufficient reason. Consistently with the principle that there is to be an end to litigation it is now well-recognised that review is not an a......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Aftab Hossain Advocate..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... mercy, sometimes it may be pure commonsense, sometimes it may be the inference of an ordinary reasonable man and so on. This Court has done this exercise in varying circumstances applying varying principles in various cases. In the present case, our overriding consideration is that of equity wh......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ...... Nasrin Banu and 5 others…………………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-Gener..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Reports 93; 9 DLR (Dacca) 109 and 10 DLR (Dacca) 321 and 370; (29 CrLJ 1928.1958). Lawyers Involved: MA Wahhab Miah, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-Fo..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who had died on 4-4-1972. 2. Leave was granted mainly on the ground that the High Court Division failed to apply the correct principle as to substitution of the heirs of deceased-defendant No.3 as was applicable in the fact......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; Gobind Sahu vs. Zafar Karim AIR 1925 Pat. 145. Lawyers Involved: Rafiq-ul Haque, Senior Advocate, instructed by Shairifuddin Chaklader, Ad..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-Respondent Judgment June 16, 1996. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record— For the Respondent No.1. ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....f fact. The finding of fact as to non-service of summons made by the trial Court was not perverse, nor was it such as could legitimately justify an interference by the revisional Court on accepted principles. For the reasons stated above the judgment and order of the learned Judge of the High Co......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 ......…………… Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-R..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....lf of the appellant, that the appellant as a Government Servant did not go for voluntary retirement and he was given compulsory retirement from service as a measure of punishment and, as such, the principle of estoppel is not attracted in the facts and circumstances of the case inasmuch as the a......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ...... & others 42 DLR (AD) 189. AC Jose vs. Sivan Pillai AIR 1984 (SC) 921; Occan Industries Ltd. vs. Industrial Development Bank, 18 DLR (SC) 354 Ambur Nair vs. Kelu Nair AIR 1933 (PC) 167. Lawyers Involved: Md. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain,..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....t has been held by this Division in the case of Eagle Star insurance Co. Ltd. vs. Rahmania Trading Co. Chittagong, 28 DLR (AD) 109, that “Marine Insurance contract is governed by the general principles of contract and also the English principles. The general principles embodied in English ......ndant’s contention that the market value of the vessel on the expiry of the policy will be its scrap value, namely. US$ 5:20940.00. The defendant relied upon the telexes sent by Richard Hogg International, London, Average Adjuster, appointed by the plaintiff, Exts. (7(5)-7(7), same as Exts...... Vs. Bengal Liner Ltd. and another……………………………… Respondents Judgment July 4th, 1996 Lawyers Involved: AR Yusuf, Senior Advocate, (M Hafizullah, Senior Advocate & Manzur-ur-..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......Dhaka) 72. Pingle Venkata Rama Reddy vs. Kakaria Buchanna and others. AIR 1963 Andhra Pradesh (FB) 1 and Laiji Raja and Sons vs. Firm Hansraj Nathuram, AIR 1971 (SC) 974; 27 DLR (Dhaka) 72. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by B Hossain, Advocate-o..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....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 ......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 ...... Md. Arifur Rahman @ Badsha Chairman………………………………..Defendant Respondent Judgment May 27, 1996. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, ..Category: Property Law | Date: | Hits: 52
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....lection in the Election Tribunal and agitate the question of age upon evidence at the trial therein, and that the High Court Division erred in assuming jurisdiction which according to the settled principle ought to be exercised by the Election Tribunal.” 8. Khondker Mahbubuddin Ahmed, lea......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......d others…………………….. Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Ad..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....ned Single Judge of the High Court Division rejected the plaint of title Suit No. 354 of 1994 and made the Rule absolute with cost of Taka 1,000.00 after holding, inter alia, that under the settled principle of law the mother was the exclusive guardian and custodian of the minor, that the tempora......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 ...... Matin and others……………………………………. Defendant-Respondent Judgment April 2nd, 1996. Lawyers Involved: M A Malek, Senior Advocate (KZ Alan, Advocate with him), instructed by Sha..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....limitation does not apply at all to such kinds of law were neither mooted nor decided in Sardar Muhammad s case This case is no authority for the proposition, advanced by Mr. Shaha, that as a general principle re if any can be granted to a plaintiff in a suit under the Ordinance of 1985 only from th......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......Veettil Kalimabi, 41 ILR (Madras) 211; Abdul Futter Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Tamizul Huq Vs. Shamsul Huq, 43 DLR (AD) 34; Adnan Afzal Vs. Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Mrs. Rabeya Bhuiyan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-R..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....he intended to obtain money dishonestly by misrepresentation or false representation. 18. It will not be fair to say that the learned Judge of the High Court Division was unaware of the aforesaid principle. It is true that emphasis was given to the terms of the tender notice and the agreement en......d offences under section 5(2) of Act II of 1947. 5. Briefly, the prosecution case is, that in 1987 the Dhaka University wanted to purchase 4 (four) 75 HP Submersible pumps for which it floated an International tender notice on 9-2-87 which was participated by (1) Iqbal Engineering 102 Works, (2)......0, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kanji Shirji, (1912) Criminal Law Journal (Vol. 13) 285; Lutfar Rahman Vs. State 21 DLR 933; Mozaharul Huq Vs. State, 33 DLR 262; ..Category: Anti-Corruption Laws | Date: | Hits: 92
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