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Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....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 ......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 .......Respondents Judgment January 11th, 1996. Cases Referred To: Mujibur Rahman, Ex-Collector of Customs vs. Government of Bangladesh 13 BLD (AD) 1993 54=45 DLR (AD) 98. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not ..

Category: Administrative Law | Date: | Hits: 107

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Chandra Dey Vs. Ram Dayal Datta, 30 CWN 371. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Muhammad, Advocate ..

Category: Property Law | Date: | Hits: 63

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

.... only of the building and its appurtenances but also of furnishings, electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord. 21. On principle we take the same view that whatever amount is paid by the tenant to his landlord in terms ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......��………………………… Respondent Judgment January 18, 1996. Cases Referred to- Meherunnessa vs. A Latif 38 DLR (AD) 196; Residence Limited vs. Surendra Mohan Banerjee, Calcutta Law Journal (Vol. 87) 322; SK Chatterjee vs. Residence Limited 58 CWN 607; Karnani Properties, Limit..

Category: Tenancy Law | Date: | Hits: 82

Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)

....cision reported in 20 DLR 376, wherein it has been held that sister’s son is a relation by consanguinity within three degrees of his donor. In the instant case the parties are Muslims and the principle of Succession Act, 1925 is not applicable. The concept of consanguinity in Muhammadan Law......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......ts Judgment August 27th, 1995. Cases Referred to- Tamizunnessa vs. Umar Ali reported in 18 DLR 572; Sale Mohammed vs. Mosammat Ayesha Khatoon Choudhurani 20 DLR 376. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M. Nawab Ali, Advocate-..

Category: Property Law | Date: | Hits: 56

Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)

....ischarged. 5. Mr. Nurul Islam (Sujan), learned Advocate for the petitioner, submits that the High Court Division was in error in taking the aforesaid view as the same is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not consi......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 36 DLR (AD) 14; Abdul Quader Chowdhury vs. State 28 DLR (AD) 39. Lawyers Involved: Nurul Islam (Sujan), Advocate, (appeared with leave of the Court) instruc..

Category: Criminal Law | Date: | Hits: 71

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

.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (1916)1 KB 688). Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Sharjfuddin Chaklader, Advoc..

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

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

....hem and the teachers of nationalised schools, because in the latter case the rule for absorption is that they would be given same or analogous post whereas in the case of teachers of colleges this principle was not adhered to and a mode of counting the service in the college concerned only was a......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......;………………………….. Respondents [In Civil Petition for Leave to Appeal No. 431 of 1992] Judgment February 12, 1996. Lawyers Involved: A W Khondker, Additional Attorney-General, instructed by Mvi. Md. Wahidul..

Category: Constitutional Law | Date: | Hits: 174

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

....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......t is accrued to him Appellate Division in exercise of jurisdiction under Article 104 of the Constitution may provide the remedy on appeal under article 103 of the Constitution…………….(13) Lawyers Involved: KZ Alam, Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record �..

Category: Administrative Law | Date: | Hits: 167

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

....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another vs. Pounuswami Naiker and others 1964 (Mad.) 327; Md Joynal and others vs Md Rustam Ali Mia and others, 36 DLR (AD) 240. Lawyers Involved: A J Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, Ad..

Category: Property Law | Date: | Hits: 72

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

....ision upon taking into consideration of such clear finding of facts of the Court of Settlement refused rightly to interfere with the judgment of that court upon a correct appreciation of the legal principle that the High Court Division in exercise of its writ jurisdiction cannot Sit as a Court o......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......itioner Vs. First Court of Settlement and others………………………. Respondents. Judgment August 27th, 1995 Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, Supreme Court, instructed by Sh..

Category: Property Law | Date: | Hits: 48

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

....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......d others …………….Respondent Judgment August 13th, 1995 Case Referred to- Md. Shajahan vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: NH Khondker, Advocate-on-Record— For the Petitioner Not Repre..

Category: Others | Date: | Hits: 98

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

.... rate there is no want of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not entertainable. The High Court Division further held that the pe......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......p;.Petitioner Vs Collector of Customs and another………………………..Respondents Judgment January 14th, 1996. Lawyers Involved: Md. Abdul Aziz, Advocate instructed by Md. Aftab Hossain, Advocate-on-Rec..

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

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

....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......ple’s Republic of Bangladesh, represented by the Secretary Ministry of Works and another ……………..Respondents Judgment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Recor..

Category: Property Law | Date: | Hits: 58

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

....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR 103. Lawyers Involved: Serajul Huq, Senior Advocate, (AKM Nazrul Islam, Advocate with him), inst..

Category: Criminal Law | Date: | Hits: 60

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

....e also the impugned order was passed without giving an opportunity to the informant to refute the allegations which he asserts are totally false, High Court Division unwittingly transgressed basic principle of adjudication ‘hear the order side’. The appeal is allowed and the impugned......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 ......llip;………………………………………Accused- Respondents Judgment November 21st, 1994. Lawyers Involved: Mahbubey Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record&m..

Category: Criminal Law | Date: | Hits: 63

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

.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......ip;……….Respondents Judgment June 2nd, 1994. Case Referred to- Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate..

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

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

....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ...... bigha , 11 katha, 1 chatak and 34 sq. ft. of land of plot No. 1 of Shahbag Commercial Area situated on the north of the PG Hospital and on the west of Hotel Sheraton at Dhaka City to a company named International Hotel Holdings Ltd. without holding a public auction at a price much lower than the pr......Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hoss..

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

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

....ty and security of their lives. The other main contention was that the impugned action was taken without any notice to them and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ petitions that they had ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......�…………………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involved: Aminul Huq, Attorney-General inst..

Category: Constitutional Law | Date: | Hits: 169

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

....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ...... Judgment June 5th, 1995. Case Referred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rafiq-ul Huq and Mahmudul Islam, Sen..

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

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

....ct dated 26.7.89 was purely a commercial contract, the alleged illegal cancellation of which would be remedied by arbitration as provided in the agreement itself or by a suit for damages, whether the principle of natural justice was applicable to a contract of this nature and whether a show cause no......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20...... Civil Appeal No. 3 of 1993 is dismissed. Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Executive Engineer, AIR 1978 (SC) 930. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate Mahmudul Islam, Advocate with him), instruc..

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

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