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AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......13-5-96, respondent No. 2 accepted the nomination paper of respondent No. 3. Being aggrieved thereby the petitioner filed writ petition No. 1732 of 1996 challenging the said acceptant by judgment and order dated 19-5-96 a Division Bench of the High Court Division summarily rejected the writ petition......mesh Chandra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petition......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment ..Category: Election Law | Date: | Hits: 133
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 ......Court Division in Criminal Revision No 371 of 1989 with Criminal Revision No, 490 of 1990). Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute i......ll 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 ......7 the respondent came to Jessore and met the appellant at her house and by inducement he enticed her away from her house at Jessore to Khulna on the promise to marry her. He advised her to take cash money and ornaments and accordingly she took ornaments worth Taka 18,000.00 and a cash of Taka 6,000...Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....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 ......on-Record — For the Appellants. Monsur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 62 of 1995. (From the judgment and order dated 22 June 1993 passed by the High Court Division, Dhaka in Civil Revision No. 295 of 1985 ......(1996) 205 ......We had to glean the facts of the case from the judgment of the Small Cause Court Judge. They are, in a nutshell, that the original plaintiff was the owner of the suit premises by way of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out th..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 ...... Advocate-on-Record- For the Respondent No. 2. (In Civil Appeal No. 18 of 1994). Civil Appeal No. 18 of 1994 with Civil Petition No. 39 of 1994. (From the judgment and order dated 7-4-1993 passed by the High Court Division in Civil Revision No. 1380 of 1991) J......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shipping Corporation ……………………….. Appellan......…………….. Appellant [In Civil Appeal No. 18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others…&hellip..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... 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 ...... — For the Respondent (In Civil Petition Nos. 470, 472, 479, 480, 484, 487, 492, 495-97, 498/94). Civil Petition for Leave to Appeal No. 461-500 of 1994. (From the judgment and order dated April 13, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 3232/199...... The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......ash Roy Choudhury J Collector of Customs, Chittagong and Others………………………………………..Petitioners Vs. Ahmed Hossain and 39 Others………………&..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......eave to Appeal No. 630 of 1995. Judgment: Mustafa Kamal J: This petition for leave to appeal by the plaintiff-petitioner from the judgment and order of a Division Bench of the High Court Division dated 13-11-95 passed in FMA No.209 of 1995 ha...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Delwar Hossain Khan (Md)…………………......d. Ismailuddin Sarker J Delwar Hossain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another……………&hellip..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....quo;note-books’ for primary and secondary schools upto class VIII. They stated in their respective writ petitions that the Government passed the impugned Act purporting to prohibit printing, publishing, import, distribution and sale of ‘note-books’ on ‘text-books’ f......ivil Appeal Nos. 77 of 1993) Ex-parte — Respondents No. 2 & 3 (In Civil Appeal Nos. 76 of 1993) Civil Appeal Nos. 76 of 1993 and 77 of 1993. (From the judgment and order dated August 11, 1993 passed by the High Court Division in Writ Petition Nos. 561 of 1......ladesh National 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…………&h......the sudden representation made by Mr. Md. Aftab Hossain, learned Advocate-on-Record, meant that there were no appeals before us for hearing. Mr. SR Pal, learned Advocate for the writ-petitioner-respondents, very fairly submitted that the Government may be allowed to file petitions of app..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......f 1967 of the Court of District Judge, Mymensingh. The said Revocation case was disallowed on the ground that the petitioner had no locus standi to file the revocation case. Against that judgment and order the petitioner preferred First Appeal No. 40 of 1977 and the sane was dismissed by a Division ...... This case is also reported in: 48 DLR (AD) (1996) 182 ......(1996) 182 ..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....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 ......authorised construction immediately on receipt of the Memo or else necessary steps will be taken to demolish the same. Thereafter the appellant filed the instant writ petition challenging the last order dated 22- 12-94. 3. The High Court Division summarily rejected the writ petition on th......96, 64, 48 DLR (AD) (1996) 180 ...... dated 8-1-95 passed by the High Court Division in Writ Petition No. 2595 of 1994) Judgment Mustafa Kamal J.- This appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Cour..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....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.......equisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the impugned judgment was passed, the prelude to t......ll not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Jud..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... the erstwhile Taxes Appellate Tribunal can also apply. The contention of the writ petitioners is that they are ‘surplus public servants” within the meaning of the Ordinance and that by publishing the aforesaid impugned Notification in the daily newspaper on 25.12-92 a scope has been ......spondent No. 2 in Writ Petition Nos. 21 of 1993, 116 of 1993, 302 of 1993, 414 of 1993, 1 of 1993 and 712 of 1993 is the sole appellant in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions......) 171 ......9th August, 1993 passed by the High Court Division in those Writ Petitions making the Rules Nisi absolute in part and containing certain directions. 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry ..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. ......For the Appellant. AW Bhuiyan, Additional Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1996. (From the judgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335......ccordance 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. ......dgment and order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335 of 1995). Judgment ATM Afzal CJ.- This appeal by leave by the complainant petitioner is from an order dated 14 November, 1995 passed by a Division Bench of the High Court Division ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....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 ......Appellants. M Nurullah, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 71 of 1990. (From the judgment and order dated March 6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 19......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants ......th of defendant No.4. On 15-4-72 a lawyer of opposite party No.3 (defendant No.3) in the aforesaid misc. case informed the Court that the said opposite party had died on 4-4-72 whereupon the petitioner (plaintiff) prayed for time for substituting the heirs of the deceased opposite party No.3. On..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 ......nstructed by Sharifuddin Chaklader, Advocate- on-Record - For the Appellants. Not Represented — Respondent Nos. 2-24. Civil Appeal No. 94 of 1993. (From the Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). ......man J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-......tee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. T..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....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 ......s alleged signature in the petition for adopting the written statement of defendant No.15 by him Considering the evidence on record and the record of the case, the learned Subordinate Judge by his order dated 30-11-1988 allowed the miscellaneous case and set aside the exparte decree on condition......) 159 ......, inter alia, that no summons of the suit was served upon him which was fraudulently suppressed in collusion will the process server and he came to know about the ex parte decree on 27-7-1968 from one Binoy Krishna Bachar. He then went to the Court on 29.7.1986 and came to learn about the expart..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....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 ......pellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 of ......rted in: 48 DLR (AD) (1996) 156 ......ement on February 4, 1986 denying do allegations and stating that he did not himself write his qualification as BA in the application for service nor in his annual confidential report which were done by others. The aforesaid Deputy Secretary, Ministry of Home Affairs also appointed a Joint Secr..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......ed, Advocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 190 of 1996. (From the Judgment and order dated 18.1.96 passed by the High Court Division, Dhaka in Civil Revision No. 989 of 1993). ......lip;…………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahme......fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………&h..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... 22. Section 69(3) came to be interpreted in Irvine vs. Hine, 1950(1) LR 555 KB 1949 (2) A ER 1089 by Mr. Justice Delvin (later Lord Delvin) A damaged vessel was sold for £ 685.00 under order of the Court which was accepted as her value after the damage. She was insured for £ 9,...... Bikash Roy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another………………………&hellip......of repair was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some repairs were needed to be done locally as well. The plaintiff was advised that while towing the ship to a port of repair she m..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 ......amal J.- This appeal by leave by the appellant Assistant Custodian, Enemy Property, Vested & Non-Resident (L&B) and Additional Deputy Commissioner (Revenue), Pabna is from the judgment and order dated 26.6.89 passed by a learned Single Bench of the High Court Division. Rangpur Bench in C......) 141 ......; Mustafa Kamal J.- This appeal by leave by the appellant Assistant Custodian, Enemy Property, Vested & Non-Resident (L&B) and Additional Deputy Commissioner (Revenue), Pabna is from the judgment and order dated 26.6.89 passed by a learned Single Benc..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....ed kabalas dated 14-2-1983 and 9-2-1984 transferred the suit premises to the plain and delivered symbolic possession thereof. Plain orally informed the defendant about his purchase on 15-2-1983 and published news about the said kabala in the local dailies. Thereafter by a registered notice dated ......h;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of ......llip;………………………………………………………………Plaintiff-Appellant Vs. Md. Arifur Rahman @ Badsha Chairman………&hell...... decree and now this appeal by leave from the said judgment. 2. Plaintiff-appellant instituted the aforesaid suit on the averments, inter alia, that the suit premises originally belonged to one Mohsin Ali Pramanik and the defendant was a tenant under him in the said premises carrying on t..Category: Property Law | Date: | Hits: 52
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