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Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... Ali, Advocate‑on‑Record‑ For the Petitioner. The Respondents‑Not represented. Civil Petition for Leave to Appeal No. 338 of 1994 (From the Judgment and order dated 11.5.94 passed by the High Court Division, Dhaka in Civil Revision No. 2093 of 1993 wi...... The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahidul Islam (Md) and another......................Defendant‑Petitioners Vs. Md. Sayedur Rahman and others.....................Plaintiff‑Responden..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......;on‑Record ‑ For the Appellants. Shamsul Haque Siddique, Advocate-on‑Record‑ For the Respondent. Criminal Appeal No. 17 of 1994. (From the judgment and order dated 6.6.1994 passed by the High Court Division in Criminal Appeal No. 5053 of 1991). ......tained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......as "partially damaged"; but it is clear that the public road in question was damaged. As such, commission of the offence was complete. While granting leave as to the sentence, it was mentioned that the sentence was to be considered also in view of the "facts and circumstances of th..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....cle 21 of the Bangladesh Parjatan Corporation Order, 1972 (President's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were published in the Bangladesh Gazette Extra on 12.11.80. Hereinafter called the said Rules. Rule 59 t......nbsp; Mustafa Kamal J- This appeal by leave by the respondent‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128......Abul Kalam.............................................Respondent Judgment August 18th, 1994, Lawyers Involved: Md. Abu Tarique, Advocate instructed by Sharifuddin Chaklader, Advocate- on- Record -For the Appellant. A Rab Chowdhu......f justice the respondent filed the writ petition on 24.3.87. He challenged the order of discharge on the ground that the charge‑sheet dated 8.5.86 does not disclose the ingredients of any dishonesty, corruption or misconduct and that there was no enquiry and the respondent was not give..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......upreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 1143 of......nbsp; ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Road Transport Corporation...........................Respondent‑Petitioner Vs. Aminur Rahman & another.............................................Petitioner‑Respondents ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Road Transport Corporation...........................Respondent‑Petitioner Vs. Aminur Rahman & another.............................................Peti..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......dvocate‑on‑Record-For the Respondent No.2 Matiul Islam, Assistant Attorney- General - Amicus Curiae, Criminal Appeal No. 10 of 1994. (From the Judgment and order dated 12.6.1994 passed by the High Court Division in Criminal Revision No 982 of 1994). ......igh Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......itioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the c......gainst them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......Appellate Division (Criminal) Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgm..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993). Judgment ATM Afzal J.- This appeal by the Government following leave is from judgment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. ......igh Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... him because be was a member of the minority community. 4. On 20.3.93 while the detenu was giving lecture in the Bandar Institute for the orientation of new employees as part of his job he was summoned by the Chairman of the Port Authority over phone and handed over an order retiring him from ser..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... Md. Wahidullah, Advocate‑ on‑ Record ‑ For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Appeal No. 9 of 1994. (From the judgment and order dated 14 July 1993 passed by the High Court Division in First Appeal No. 87 of 1986). ......out, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......pondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At the relevant time, in the 'seventies' he had a partnership business with one Asgar Hossain Khondkar who resides in Dhaka, and whenever he visited Bangladesh he stayed in th..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......er sections 448, 380 of the Penal Code, and sentenced to rigorous Imprisonment for 6 months and a fine of Taka 500.00, in default to further rigorous imprisonment for one month more by judgment and order dated 10.6.199 1. An appeal from the said order of conviction and sentence having been dismi......ere is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......J MH Rahman J ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......ubsequently recorded on 27 May 1954 in a mutation case and that she had already filed Title Suit No. 298 of 1979 in the First Court of Munsif, Patuakhali for permanent injunction and got an interim order. Defendant No.7 supported her claim. 4. Defendant No. 6, Sova Rani Guha is the presen...... Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advoc......; interest of Aswini Kumar Dhar. 3. Defendant No. 5, Golap Mani, contested the suit asserting, inter alia, that the plaintiffs obtained their documents from fictitious persons; that she was one of the auction ‑purchasers; that the compromise decree was legal and valid; that her sha..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......16.11.88 passed by the High Court Division in Civil Revision No. 1809 of 981). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff's successor is from the Judgment and order dated 16.11.88 passed by a learned Single Judge of the High Court Division, Jessore Bench in C....... Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......by his heirs and successors, respondent Nos, 1‑8). Defendant No. 13 Fakir Mondal also transferred two bighas out of the suit land to defendant No. 14. Hence the suit. 3. Defendant No. 12 alone contested the suit by filing a written statement denying that the plaintiff acquired any interes..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... of 1994. Judgment: Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily reje......and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......on in 1971 their father Syed Mohammad Azam remained untraced and is still unheard of and it is presumed that he is long dead. The appellants' mother Syeda Begum divorced their father and remarried one Nazrul Islam Jahangir who is at the moment Superintendent of Customs. In 1976 respondent No. 4 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 1......nterfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......5) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......4 filed an application on 31.8.94 for recording the right or lien exercised by it on the cargo on board MV. Global Traders, which having been rejected by the learned Admiralty Judge by judgment and order dated 5.9.94 the petitioner now seeks leave to appeal from the same. 2. Respondent No.......R (AD) (1995) 31 ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....aid in pursuance of section 10. Section 11 also provides that immediately after the acquisition of the property a declaration by the Deputy Commissioner in the prescribed form to that effect shall be published in the Official Gazette. All that has been shown to us is a photocopy of a chalan in LA Ca......han, Advocate (appeared with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgme......on the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgment Shahabuddin Ahmed CJ.- I have gone through the two judgments proposed to be delivered, one by my learned brother Afzal, J. and the ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......he Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992). ......eeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ...... order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member ..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......ation under section 152 of the Code of Civil Procedure for amendment of the final decree passed in Title Suit No. 27 of 1984. The said application was rejected by the executing Court. Against that order of rejection the petitioners filed a revisional application and the same was summarily reject...... 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......ent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motaleb and others....................... Defendant‑Petitioners Vs. Shahed Ali and others ....... ....................Plaintiff‑Responden..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ...... Mustafa Kamal J: This appeal by leave by defendant Nos. 2‑4 is from the Judgment and order dated 26.4.93 passed by a learned Single Judge of the High Court Division in Civil Revision N......s directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......7 days and further issued an order for maintaining status quo till the disposal of the application. Later on the same (lay the plaintiff filed an application for appointment of an Advocate Commissioner for local inspection and accordingly, one Mr. Abdul Huq, Advocate was appointed as Commissione..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ns against the aforesaid orders. Ultimately the order of the Government retiring him from service was cancelled by a notification dated I August 1991, but on the same date another notification was published in the Gazette compulsorily retiring him again from Military Service with effect from 15 ......iyan, Additional Attorney‑General, instructed by Sharifuddin Chaklader, Advocate‑on Record ‑For the Respondents. Civil Appeal No. 22 of 1993. (From the judgment and order dated 31 March 1992 passed by the High Court Division, Dhaka in Writ Petition No. 1170 of 199...... Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union of India AIR 1981 (SC) 947; Prithi Pal Singh vs. Union of India AIR 1982(SC) 1413; KD Gupta vs. Union of India AIR 1983 (SC) 1123 and Ran......Writ Petition No. 1170 of 1992). Judgment: MH Rahman J: The appellant was commissioned on 1 April 1954 in the Army Medical Corps. He got the substantive rank of Colonel on 12 March ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......and Order dated 9-6-94 passed by the High Court Division in Civil Revision No. 1350 of 1993). Judgment Mustafa Kamal J.- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 o...... Judgment August 14, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter......lved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue or not to pursue any one of the two Suits. And the two suits being inextricably linked together can be amended according ..Category: Property Law | Date: | Hits: 59
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