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Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)

....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by the High Court Division In Writ Petition No. 1414 of 1994) Judgm...... ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moinuddin (Md)……………… …………..Lessee Petitioner Vs The People’s Republic of Bangladesh, represented by the Secretary Minis..

Category: Property Law | Date: | Hits: 58

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....d Sangstha defamed him by writing letters to the Managing Director and the Chairman of the said Sangstha, to the Office of the Prime Minister and to the Ministry of Finance and also took steps for publishing the contents of the said letters to a newspaper and to a periodical alleging that the re......Criminal Miscellaneous Case No. 1118 of 1994). Judgment:        Mustafa Kamal J: This appeal by leave by the accused-appellant is from the judgment and order of a Division Bench of the High Court Division dated 18.4.95 in Criminal Miscellaneous Case ...... of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......o bring to the notice of the Managing Dire of the Sangstha any irregularity or illegality that the respondent may have committed during the period of his service in the Sangstha. The appellant has done it in his official capacity. The allegations against the respondent have not been disproved in ..

Category: Criminal Law | Date: | Hits: 60

Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)

....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......Sharifuddin Chaklader, Advocate- on- Record— For Respondent Nos. 1—4. Not Represented — Respondent No.5. Criminal Appeal No. 11 of 1994. (From the judgment and order dated 12.4.94 passed by the High Court Division in Criminal Misc. Case No. 438 of 1994). ...... appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..

Category: Criminal Law | Date: | Hits: 63

W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)

.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... Mvi. Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed by the High Court Division. Dhaka in Civil Revision No. 3274 of 1......n. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......med CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B  Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana and another ……………&hell..

Category: Business or Commercial Law | Date: | Hits: 107

A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)

....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......cted by Serajur Rahman, Advocate- on-Record— For the Respondent Nos. 1 and 2. Not Represented — Respondent No.3. Civil Appeal No. 95 of 1993. (From the judgment and order dated 24 January, 199 passed by the Administrative Appellate Tribunal in Appeal No. 48 of 19...................... Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment January 9th, 1995 Lawyers Involved: Shahabuddin Ahmad, Advocate-on-Record For the Appellant. Dr. Rafiqur Rahman, Senior Advocate,  i......rce and there was Fund Regulations, 1961 was in force and there was no provision for any pension scheme. In 1979 Government approved pension scheme for retired employees of nationalised and other money-lending organisations. The scheme was introduced in the Sonali Bank in 1981 and in the Banglad..

Category: Employment/Service Law | Date: | Hits: 150

Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)

....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......vocate-on-Record— For the Respondent No. 6 Not Represented—Respondent Nos. 1-5 & 7-8. Civil Petition for Leave to Appeal No. 353 of 1993. (From the judgment and order dated July 8, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 276 of 1993...... The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......amal J Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others……………&..

Category: Property Law | Date: | Hits: 71

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......al Revision No. 365 of 1992 praying for quashing of the said proceedings against him under section 561A Cr. P. C. The Rule was heard by a Division Bench of the High Court Division and by judgment and order dated 30.11.94 and 1.12.94 the learned presiding Judge made the Rule absolute while the learne......ns of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......urt Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2n..

Category: Anti-Corruption Laws | Date: | Hits: 105

Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)

.... Ordinance” in respect of the different categories of workers of the Cinema Halls in Bangladesh as contained in the Notification dated 1st August, 1987 being SRO No.158.L187/Sha-10/ Nimna-19/87 and published in the Bangladesh Gazette Extraordinary. The High Court Division while discharging the Rul...... AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Respondents. Civil Appeal No. 39 of 1991. (From the Judgment and order dated, 27 August 1 passed by the High Court Division, Dhaka, in Writ Petition No.674 of 1987).......d. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......(8) (b) of the Ordinance runs as follows: “2……………………….. ………………………….. (8) ‘Wages’ means all remuneration capable of being expressed in terms of money, which would, if the terms of contract of employment, express or implied, were fulfilled, be pa..

Category: Labour and Industrial Law | Date: | Hits: 130

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....em and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ petitions that they had learnt from a notice published in the “Dainik Purbakone” of Chittagong on 27.10.1993 that the impugned action had bee......lam, Senior Advocate, (Zakir Ahmed Senior Advocate with him) instructed by Md. Aftab Hossain, Advocates-on-Record—For the Respondents. Civil Appeal Nos. 70 to 74 of 1994. (From judgment and order dated 18th May, 1994 passed by the High Court Division in Writ Petition Nos. 2141, 2142, 2143,......also reported in: 48 DLR (AD) (1996) 33. ......elling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 and petitioner in Writ Petition No. 2141 of 1993 was a student of, 4th year MBBS of Chittagong Medical College..

Category: Constitutional Law | Date: | Hits: 169

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....petitioner-company obtained a Rule Nisi in Writ Petition No. 1321 of 1994 calling upon the respondents to show cause why the notice contained in a Memo dated 25.7.94 issued by respondent No. 3 and published in the Financial Express dated 27.7.94 in so far as it relates to invitation of tender fo......egal effect and why the respondents should not be directed to cancel, rescind and /or withdraw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts o......shnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rafiq-ul Huq and Mahmudul Islam, Senior Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on- Record— For the Petitioner. TH Khan......Bangladesh Ltd………………………………………………………….. Petitioner Vs Bangladesh Telegraph and Telephone Board and others………&h..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20...... Md. Aftab Hossain Advocate-on-Record — For the Respondent No.2 (In Civil Appeal No.3 of 1993). Civil Appeal No. 73 of 1992 And Civil Appeal No.3 of 1993. (From the Judgment and order dated 18.8.92 passed by the High Court Division in Writ Petition No. 1286 of 1992) Judgment......l Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......atifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs...

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ...... Advocate, (BK Das, Advocate with him) instructed by Md. Aftab Hossain Advocate-on-Record — For the Respondents. Civil Appeal No. 35 of 1993. (From the judgment and order dated 5th August, 1991 passed by the High Court Division, Dhaka in Civil Revision No. 2437 o......ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another………………&helli......un Chowdhury, since deceased and substituted by her heirs, defendant-respondents No.1 (a) to 1(g), by executing a registered kabala on 13.7.1981(Ext.1) for an amount of Taka 40.000.00. On 15.9.1981 one Mobarak Ali of Zinda Bazar informed the plaintiffs that defendant Nos.2-9 had sold the Suit la..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......1-3, 5-6, 8-15, 17-18, 22-66, 31-34, 37-40. Ex parte — For the Respondent Nos. 4,7,16, 19, 21, 27-30, 35-36, 41, 44-45. Civil Appeal No. 83 of 1993 (From the judgment and order dated 4.8.1993 passed by the High Court Division in Civil Revision No. 366 of 1992) Ju......96) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..

Category: Property Law | Date: | Hits: 61

Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)

....bsp; MH Rahman J: In Writ Petition No. 6 of 1988 the petitioner challenged the enlistment of the Holding No. 1-E/S- 16s Mirpur Housing Estate, PS Mirpur, Dhaka in the list of abandoned properties, published on 23rd September, 1966 and also the judgment and order dated 12th August, 1987 of the Co......, Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civil Petition for leave to Appeal No. 95 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 6/88).......tter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......r Rahman J Hasina Khatoon and others ………………………………………………Petitioners Vs. Bangladesh and others............................................. Re..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

....r title to the disputed house and for releasing the same from the list of the abandoned property and further for delivery of its possession to them. 4. In the meantime, the Government published a Gazette notification on 23.9.1986 under section 5 of the Abandoned Buildings (Supplemen......ahman, Advocate-on- Record— For Respondent Nos. 1 & 2. Not represented—Respondent No. 3. Civil Appeal No. 59 of 1994. (From the judgment and order dated 29th October, 1991 passed by the High Court Division in Writ Petition No. 1602 of 1988......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ......rt Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ case, briefly, are that the building bearing holding No. 6A/8, Block ‘F’ J..

Category: Property Law | Date: | Hits: 57

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6....... For the Appellant. M Shamsul Alam, Deputy-Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent. Criminal Appeal No. 3 of 1995 (From the judgment and order dated 4 April 1995 passed by the High Court Division in Criminal Revision No. 291 of 1991). ......to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......“further proceedings in respect of the trial shall stand stopped and the accused person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....on the ground that it was an abandoned property. Rupali Bank filed a written objection, but the appellant’s Miscellaneous Case No. 174 was dismissed on 25.2.77. A fresh sale proclamation was published in the ‘Daily Ittefaq’ on 5.2.78 and the suit property was sold in auction on...... Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No.1 (In both the Appeals). Civil Appeal Nos. 14 and 15 of 1994. (From the judgment and order dated 2.8.93 passed by the High Court Division in First Appeal Nos. 181 of 1990 and 30 of 199...... ......ed and structures being House No. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 ..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... as contended on their behalf that the same also belonged to Jamiruddin and, as such, they are entitled to their share. 6. It is to be noticed in this connection that the trial Court by its order dated 21.8.64 directed the defendants 2 and 3 to pay ad valorem Court-fee in respect of sche...... appellate Court are affirmed. Ed. ......le Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka' Kha' 'Ga' 'Gha' 'Uma' Cha' 'Chha1 'Ja' and 'Jha'. The plaintiff claimed 5 ann..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......the Deputy Commissioner of Dacca, and the said accused appellant to show cause why the sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which l......ingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......the two accused appellants on 29.4.67 under section 165A of the Pakistan Penal Code and under section 161 of the Pakistan Penal Code respectively and have been heard together and are disposed of by one Judgment. It may be also noted here that while admitting the appeal of the accused Taru Mian, ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ted by Parashullah Fakir to Dulal Fakir. PW 1 Sk Elahi Baksh took Dulal Fakir to the Mela after evening and purchased sweets for him and thereafter nobody saw Dulal Fakir returning to his house. In order to save himself from the charge of murder PW 1 Sk. Elahi Baksh with the help of other witness......tion under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masud, Deputy Legal Remembrancer with Abdul Batin—For the State. Dea..

Category: Criminal Law | Date: | Hits: 62