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Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ...... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record—For the Respondents. Civil Appeal No. 82 of 1994. (From the Judgment and order dated 26.6.94 passed b the High Court Division in Civil Revision No.668 of 1989). Judg...... Rouf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Law......ndents; that the defendant is a defaulter and he has defaulted to pay rents of the disputed premises from September, 1975; that the plaintiffs required the suit premises for Construction of the undone part of their multi-storied building, construction of new gas, water and sewerage lines and for..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....ple Order, 1972, hereinafter referred to as President Order No. 155 of 1972, conducted the necessary enquiry and on being satisfied from the entries in the voters list, prepared on 9-9-89 and finally published on 15-2-90 produced by the writ petitioner, accepted the nomination paper as a valid one o......al Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocates-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-6. Appeal No. 28 of 1995. (From the judgment and order dated 19-1-95 passed by the High Court Division in Writ Petitioner No. 47 of 1995). Judgmen......Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on -Record—For the Appella......vocates-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-6. Appeal No. 28 of 1995. (From the judgment and order dated 19-1-95 passed by the High Court Division in Writ Petitioner No. 47 of 1995). Judgment Md. Abdur Rouf J.- The appellant, an elected Member of Parliam..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......r, Advocate, (Must ala Niaz Mahmud, Advocate with him) instructed by Sharifuddin Chaklader, Advocate on-Record-For Respondent No. 1. Civil Appeal No 41 0f 1990. (From the judgment and order dated 29-5-1986 passed by the High Court Division, Circuit Bench, Chittagong in Civil Revisi......) 120 ...... the appellants is that the re were in permissive possession of the disputed holding No 294 which has been described in Schedule A of the plaint to be within the Chittagong Municipality comprising one storied building with kitchen and latrine on the eastern portion of RS Plot No. 2136 (part) mea..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......e, instructed by Md. Nawab Au, Advocate-on-Record — For the Respondent No.1. Not represented Respondent Nos. 2 and 3. Civil Appeal No. 31 of 1995. (From the Judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of......d)………………………………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others…………&h......ereto agree that the care and custody of the child will now belong to Second Party according to her rights under the law, provided, however, that the First Party shall have visiting rights as mentioned herein. Such visiting rights of the first party shall be exercised by the First Party by havin..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
.... on past maintenance to wife but she contends that these views have been considered in detail with reference to the Holy Quran, Hadith of the Holy Prophet and Ibne Qayyüm’s famous work Zaadul Maad published in Egypt and after a thorough discussion of the law and literature on the, subject a Divis......ame and affirmed the judgment and decree of the trial Court. In the revision taken by the respondent, Civil Revision No.1078 of 1987, a learned Single Judge of the High Court Division by judgment and order dated 19.6.90 set aside the judgment and decree of the lower appellate Court insofar as the de......al J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; ......amila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 mo..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ...... the High Court Division in Criminal Appeal. Nos. 981, 998 and 1007 of 1990 and Criminal Appeal No.1013 of 1990.) Judgment ATM Afzal J.- These four appeals by the State following leave are from orders of acquittal passed by a Single Judge of the High Court Division, Dhaka in the impugned judgm......o miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......0 of the Penal Code and under section 5(2) of Act II of 1947 (The Prevention of Corruption Act). 4. In respect of the other respondents, it was alleged that they had received the old pumps as new ones knowing that they were not new and issued certificate for payment of Taka 9,20,000.00 as price ..Category: Anti-Corruption Laws | Date: | Hits: 92
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 ......d. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 477 of 1995. (From the Judgement and order dated 20-7-95 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 31 of 199......6) 99 ......Sarker………………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others ……………..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......d—For the Appellants. Abdur Rob Chowdhury instructed by Md. Nawab Ali, Advocate-on-Record,— For the Respondent. Civil Appeal No. 81 of 1994. (From the Judgment and order dated 28.4..94 passed by the Administrative Appellate Tribunal in Appeal No. 87 of 1991). ...... 97 ......the respondent, though drawn under the Rules of 1976, shall be disposed of under the new Rules of 1984 providing for the time-limit and that since no final decision was taken within the period mentioned therein, or at least from the date of coming into force of the new Rules, that is, 19th July, ..Category: Administrative Law | Date: | Hits: 122
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. ...... the High Court Division, Chittagong Sessions in Civil Revision No.183 of 1984). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff-appellant is from the revisional judgment and order dated 20-8-90 passed by a learned Single Judge of the Chittagong Sessions, High Court Division......peal is dismissed. Case Referred to- Mohammad 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......her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some lands of suit from the heirs of Begumjan. He tendered the “mortgage money with interest to the said defendants and demanded redemption toward the end of Chaitra, 1384 BS..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., 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 ......d — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1......in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......lant offered rent for the month of January 1986 between the 2nd and 4th but the respondent refused to accept the same. The appellant sent the rent for the month of January 1986 on 6.1.1986 by postal money order which came back undelivered on 10.1.1986 whereupon the appellant deposited the rent for J..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....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 ......ted by M. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 150 of 1995. (From the judgment and order dated 3 August 1994 passed by the High Court Division in Civil Revision No. 1260 of 1993). ......d in: 48 DLR (AD) (1996) 88 ...... Md. Ismailuddin Sarker J Shamsul Islam & others …………………………………………..Petitioners Vs. Badiar Zaman alias Bablu and another……………..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....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 ......ructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 717 o...... called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......J Abdur Rouf J Md. Ismailuddin Sarker J Syed Mohammad Hashem alias Hashim……………………………… Petitioner Vs. State………………………..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 ......ication under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Court Division in Matter No. 34 of 1989 by judgment and order dated 13-8-92. The respondents preferred an appeal, Company Appeal No. 1 of 1993, before a Di...... Judgment May 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......of the High Court Division which, by judgment and order dated 12-7-94, allowed the appeal and set aside the judgment and order of the learned Company Judge. 2. Leave was granted to the petitioner appellants, inter alia, to consider the appellants submission that the appeal before the Divi..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ollege teacher, filed the aforesaid writ petition challenging the validity of the Teachers and Non-Teaching Staff of Nationalised Colleges (Directorate of Public Instruction) Absorption Rules, 1981 published in the Gazette by notification No. SRO 93-L/81 dated 25 March, 1981 (Annexure B to the ......ave to Appeal No. 431 of 1992). Not represented — Respondents (In Civil Petition for Leave to Appeal No. 431 of 1992). Civil Appeal No. 52 of 1991. (From the judgment and order dated 12.11.1990 passed by the Nigh Court Division, Dhaka in Review Petition No. 8 of 1990 (......llip;……………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with......ladesh…………………………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respond..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....he Ministry of Foreign Affairs of Bangladesh on 11-9-1980 as Senior Scale Section Officer that thereafter he was encadred in the Bangladesh Civil Service (Foreign Affairs) as per Gazette Notification published on 18.4.1981 on his absorption as Deputy Secretary; that he was appointed Deputy Secretary......the Respondent No. 1. Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Respondent No. 7. Not represented—Respondent Nos. 2-6. Civil Appeal No. 88 of 1994 (From the Judgment and order dated 8-11-93 passed by the Appellate Administrative Tribunal in Appeal No. 75 of 1993) Ju...... The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority...... Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii)..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 ......harifuddin Chaklader, Advocate-on- Record— For the Appellants. Ex-Parte —For the Respondents. Civil Appeal No. 45 of 1990. (From the Judgment and order dated 15.7.1987 passed by the High Court Division, Comilla Sessions, Comilla in Civil Revisi......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moti Mia……………………&he...... On the contrary, the defendants averred and proved that the matter of inflicting injuries on the person of defendant No. 1 was compromised between the parties and the documents were executed and money was paid in consideration of the injuries, assault and insult done to defendant No.1. As such,..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......cord— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). Jud......e is also Reported in: 48 DLR (AD) (1996) 62. ...... affirming those dated 26 September 1987 passed by the Assistant Judge, Ramganj decreeing Title Suit No. 41 of 1986 and declaring thereby that the termination of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of ..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....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 ......amsul Haque Siddique, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Civil Petition for Leave to Appeal No. 129 of 1994 (From the judgment and order dated 20.2.94 passed by the High Court Division in Writ Petition No.273 of 1994). Judgme......ment and others………………………. Respondents. Judgment August 27th, 1995 Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record—...... Mostafa Kamal (Md)……………………………………………………… Petitioner Vs. First Court of Settlement and others……………&..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 ......volved: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by the High Court Division in civil Revision No. 3037 of 1995) &n...... ......Md. Abdur Rouf J Md. Ismailuddin Sarker J Muzaffar Hossain……………………………………… Petitioner Vs. Md. Humayun Kabir and others …………….Respond..Category: Others | Date: | Hits: 98
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....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. ......d. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented— Respondents. Civil Petition for Leave to Appeal No. 552 of 1995, (From the Judgment and order dated 1.8.95 passed by the High Court Division In Writ Petition No. 1607 of 1995) Judg......Ed. ......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Mohammad Brothers represented by its proprietor Md. Shahidullah……….Petitioner Vs Collector of Customs and another……………&helli..Category: Business or Commercial Law | Date: | Hits: 111
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