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....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......he revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand…………â€......with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
...... The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered kabala dated 12.6.45 and that her husband purchased the same land by a registe..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e petitioner by 668 votes. The petitioner filed the aforesaid Election Tribunal Case on the ground that under Article 8(2) of the Representation of the People's Order, 1972 the Election Commission published in the Official Gazette on 6.2.91 the final list of 83 polling stations specifying the ar...... Judgment: Mustafa Kamal J: This petition for leave to appeal is from the judgment and order of the High Court Division dated 27.11.94 in FMA No.296 of 1993 allowing the appeal and setti.............Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgment May 25th, 1995. Lawyers Involved: AR Yousuf, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Petitioner.&nbs......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mahmudul Islam Chowdhury........................Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgme..Category: Others | Date: | Hits: 119
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....d in repaying loan taken by him from the Bangladesh Krishi Bank, Konkapati Bazar Branch. The election was held on 1.2.92 and the petitioner was elected as Chairman and the Gazette Notification was published on 3.3.92. Respondent No. 1filed Election Tribunal Case No.7 of 1992 before the Election ......an he deposited Taka 30,000.00 on 1.12.91 and Taka 20,000.00 on 18.12.91 and that he prayed for remission of normal and penal interest which was still pending with the Krishi Bank. By judgment and order dated 10.11.92 the Election Tribunal allowed the Election Case and declared void the election......Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by M Nawab Ali, Advocate‑on‑Record ‑ For the Petitioner. Shamsu...... Abu Taher …………………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgm..Category: Others | Date: | Hits: 101
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......81), section 4(2) The Police Officers (Special Provisions) OrdiÂnance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government fi......47 DLR (AD) (1995) 157. ......Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95 of ......orted in: 47 DLR (AD) (1995) 155 ...... The learned Judges of the High Court Division observed in their judgment as follows: "There is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....ded address of the plaintiff but the defendant knew his latest Magura address but did not care to send the letter of discharge to his known Magura address or to cause the letter of discharge to be published in the press. The trial Court found that the Government Servants (Discipline and Appeal) ...... Judgment: Mustafa Kamal J: This appeal by leave by the defendants is from the judgment and order of a learned Single Judge of the High Court Division dated 25.11.91 in Civil Revision No.4012......ivision (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &n......ther applications for leave on 15.6.77, 31.7.77, 2.9.77 and 30.9.77 annexing medical certificates. In the meanwhile his father died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......ed by Shamsul Haque Siddique, Advocate‑on‑Record ‑For the Appellants. B Hossain, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No. 8 of 1994. (From the Judgment and order dated 25.1.93 passed by the High Court Division in Criminal Appeal No.28 of 1990). Judgmen......ved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......990 dismissing the appeal, thereby confirming the judgment and order dated 14.11.85 passed by the Additional Sessions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imp..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ...... Miah Abdul Gafur, Advocate‑on‑Record ‑ For Respondent No.1. Not represented ‑Respondent No. 2. Civil Appeal No.55 of 1993. (From the judgment and order dated 31.3.1993 passed by the Administrative Appellate Tribunal Appeal No.53 of 1992). ......995) 143 ....... Sarker Alauddin TCM on duty inside Ramna 240 tons Air Condition Plant, (iii) that on 24.4.1988 at about 1‑45 PM he abused the Divisional Engineer. (Air condition) T & T Board over telephone and (iv) that on 11.5.1988 he threatened LSD Clerk Mr. Jasimuddin Ahmed. A departmental procee..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No.34 of 1988). Judgment Mustafa Kamal J.- This appeal by leave by the appellant‑petitioner is from the judgment and order dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No. 34 of 1988 affirmi...... Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... (From the Judgment and Order dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No.34 of 1988). Judgment Mustafa Kamal J.- This appeal by leave by the appellant‑petitioner is from the judgment and order dated 30.8.93 passed by the Administrative Appellate Tribunal in..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....resigned or ceased to be a member, as the case may be, during the inter‑session period. (4) If the seat of a member becomes vacant, the Secretary shall cause a notification to that effect to be published in the Gazette and forward a copy of the notification to the member concerned and also to ......ion of the Supreme Court. 3. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, in Part VI‑Order XXVIII provide, inter alia, as follows: 1. On receipt by the Registrar of the order of the President referring a question of law to the Court, the Registrar shall give notice to ......ed in: 47 DLR (AD) (1995) 111. ......y party. The hearing of the matter will continue without any adjournment. 9. Let a copy of this order along with a copy of the letter of reference be served upon each of the learned Counsels mentioned above by special messenger". 10. It is a great pity that Mr. Aminul Huq suddenly died due t..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed.  This case is also reported in: 47 DLR (AD) (1995) 109. ......19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was sent to the Central Jail where the order of detention dated 11 June 1994, for 30 days, made by the District Magistrate, Dhaka, was serv......€¦â€¦â€¦..........Appellant  Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and......too Vs. State and others, 1989 Crl LJ 1270. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynul Abedin Advocate with him), instructed by Md. Aftab Hossain, Advocate on Record ‑For the Petitioner. Not represented ‑‑For the Respondents. Civil Appeal No.97 of 1994. (From the ..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ...... Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ........Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civ......foresaid suit for declaration of title to the suit land and for other relief’s on the averments, inter alia, that the suit land originally belonged to Kalipada Biswas and Hemanta Biswas, that one Shubashini Debya acquired 12 annas interest therein and she subsequently executed a Power of A..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......6 and 7, as to the properties in question being wasted away, a prayer for appropriate remedy may be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......nt Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (1869) 4 Ch. 783; (1875) 10 Ch A 273; (1875) 10 Ch A 55....... his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khaled Hamidul Huq Chowdhury, and 6 daughters, respondent Nos.1 to 7. Respon..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......992). Judgment: Mustafa Kamal J: This appeal by defendant No.1 Sadharan Bima Corporation by leave is from the judgment and order dated 24.8.93 of the High Court Division passed in Appeal from Original Decree No. 267 of 199......ration....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, ......ed 24.8.93 of the High Court Division passed in Appeal from Original Decree No. 267 of 1992, affirming the judgment and decree dated 3.11.92 passed by the learned Subordinate Judge, Chittagong in Money Suit No. 2 of 1992, decreeing the suit. 2. Plaintiff‑respondent No.1 Sanjib Kumar..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ...... Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No. 14......rfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ...... (Criminal) Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respond..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......Advocate‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 3418 ......ported in: 47 DLR (AD) (1995) 95 ...... (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead his heirs Debendra Nath Bashu Roy and an..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 5...... in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......upreme Court Appellate Division (Criminal) Present : ATM Afzal J Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 199..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......nbsp; M H Rahman CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Kh......th imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......1 May 1987 where he made a confessional statement. 4. In his confessional statement the appellant stated that about 4 months before he married Velua Khatun. After two months of the marriage one day he found his bed wet. He interrogated his wife and carne to believe that she had illicit r..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....c interest" as a regular incumbent of the Corporation with effect from his date of joining the service i.e. from 1 January, 1989 vide notifications dated 4 August, 1990 and 4 September, 1990, published in the official Gazette, and the earlier contract of service was cancelled. By the impugn......8 September, 1991 the Ministry of Energy and Mineral Resources, (respondent No. 1), cancelled the aforementioned two notifications dated 4 August, 1990 and 4 September, 1990 and revived the earlier order of appointment on contract dated 18 December, 1988. The appellant challenged that notificati...... ......, and the earlier contract of service was cancelled. By the impugned notification dated 28 September, 1991 the Ministry of Energy and Mineral Resources, (respondent No. 1), cancelled the aforementioned two notifications dated 4 August, 1990 and 4 September, 1990 and revived the earlier order of a..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ng upon the respondents to show cause as to why the enlistment of house No.9/1, Block 'F', Joint Quarters Mohammadpur Housing Estate, Dhaka in the 'Ka' list of the Bangladesh Gazette Extraordinary published on September 23, 1986 and further why the judgment and order dated 23.5.1989 passed by th......; For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and order dated 29th July, 1993 passed by the High Court Division, Dhaka in Writ Petition No.688 of 19...... The 1st Court of Settlement and others............Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal ......High Court Division, Dhaka in Writ Petition No. 810 of 1994). Judgment Muhammad Habibur Rahman CJ.- I have gone through the judgments proposed to be delivered by my learned brother ATM Afzal J and by my lear..Category: Property Law | Date: | Hits: 86
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