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Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....the Judgment of the Review Petition Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­-General, (B Hossain, Deputy Attorney..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....f this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 1839 has been repeated in Bangladesh by the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973). Neverthel......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......dwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (Mozammel Haque Bhuiyan, Advocate with him), ..

Category: Business or Commercial Law | Date: | Hits: 128

Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... Vs. Begum Fazilatun Nessa.................Respondent Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (abs..

Category: Property Law | Date: | Hits: 79

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....emporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Di......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......ther …………Appellants Vs. Jamini Marak and others................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellants. ..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....orted in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......under Dey Vs. Gopal Chunder Laha, Indian Appeals (1891-92) Vol. XIX page 203, Cairncross Vs. Lorimer (1860) 3 Macq 829; Ambu Nair Vs. kelu Nair MR 1933 PC Page 167 & Smith Vs. Baker 8 CP 350. Lawyers Involved: AKM Nazrul Islam, Advocate (MA Tariq, Advocate with him) instructed by Sharifu..

Category: Employment/Service Law | Date: | Hits: 126

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

....ported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......sh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul Islam & ABM Khairul Huq, Adv..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....(AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......llip;..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the cases] Judgment August 5, 1993. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) inst..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Rep......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......nment of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructe..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

.... is also Reported in: 46 DLR (AD) (1994) 19. ......dments cannot take away the vested rights and the amendments must be reasonable and not arbitrary or discriminatory". In KC Arora Vs. State of Haryana, AIR 1987 (SC) 1858, amendments of the Punjab National Emergency (Concession) Rules, 1965 were declared ultra vires the Constitution as these Amen......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......f Gujrat, AIR 1987(SC), 2348; VT Kanzode Vs. Reserve Bank, AIR 1982, (SC) 917, AIR 1951 (SC) 3 IS; TR Kapur Vs. State of Haryana AIR 1987 (SC) 415; PD Aggarwal Vs. State of UP AIR 1987 (SC) 1976. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­-General, instructed by B. Hossain, A..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......nbsp;                            July 14th, 1981. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record -For..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦(15) Cases Referred to- Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Adv..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Adv..

Category: Criminal Law | Date: | Hits: 68

Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)

....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ...... Begum.............................Petitioner Vs. Chairman, Court of Settlement and another …………..Respondents Judgment May 19th, 1991. Lawyers Involved: Moksumul Hakim, Senior Advocate (Md. Zaker Hossain, Advocate with him) in..

Category: Property Law | Date: | Hits: 77

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

.... (Civil) Present:  Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Ma......ales of Pay was raised to twenty and these 20 Grades and Pay‑scales arc in force now. All employees, whether in the Government service or in the service of Corporations, Statutory Bodies and Nationalised Enterprises shall fall within these 20 Grades and Pay‑Scales. This is what is me......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......n Tourism Development Corporation, AIR 1987 (SC) I 11; Central Inland Transport Corporation Vs. Brojanath, AIR 1986 (SC) 1571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate w..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

........Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......erred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey Corporation Limited vs. State (1966) 1 QB 380 (400). Lawyers Involved: Salauddin Mahmud, Advocate instructed by ASM Khalequzzaman, Advocate-on-..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....mbers of her family including the sons and were residing there. In that state of the matter the trial Court was of the view that impleading of the defendant Nos. 37 and 38 showing their address in Bangladesh was not genuine since plaintiff himself averred that Karuna Moyee Dasi with her children......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......land by adverse possession……….((9, 10 & 11) Case Referred To: Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287. Lawyers Involved: SM Munir, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record&mdash..

Category: Property Law | Date: | Hits: 59

Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)

....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......tion Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nadera Rahman, 37 DLR (AD) 184; Sakina Khatoon vs. Ibrahim Ahmed Khan, 2 MLR (AD) 330. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record—For the Petitioners. ..

Category: Property Law | Date: | Hits: 68

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-o..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ve Petition and it is dismissed………(12) Case Referred to- Syed Al Nesar Ahmed MD, United Food Complex Ltd. vs. Nafisa Choudhury and others 53 DLR (AD) 83. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, ..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....ellip;……………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. The Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committ...... the People's Republic of Bangladesh 6 MLR (AD) 8; Manjurul Huq vs. Bangladesh and others 44 DLR 239; New Dhaka Industries Ltd vs. Quamrul Huda and others 31 DLR (AD) 234; Md. Abdur Rahman vs. The National Tea Company Ltd & others 4 MLR (AD) 347; Khurshed Alam vs. Bangladesh 47 DLR 299; Mada...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......ector of Customs and others 1991 BLD (AD) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; Mujibor Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111. Lawyers Involved: Rafiqul Huq, Senior Advocate, Rakonuddin Mahmud, Senior Advocate (MK Rahm..

Category: Civil Law | Date: | Hits: 103