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M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....that such declaration should be made in his favour by virtue of the right accrued in his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a con...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....vision (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....CJ.—These three appeals were heard together as they were so heard in the High Court Division, which disposed of three Writ petitions in Writ jurisdiction, in which a common question of law of great public importance is involved. The matter relates to the capture of three Thai Fishing Trawlers wi......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....the court also held that it was not recovered from his possession, Because of this finding the subsequent prosecution on this issue is barred but the gold being an unclaimed property vests in the Republic under Article 143 of the Constitution. In the result the appeal is allowed, the impugned p......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....ents. S.R. Pal, Advocate- amicus curiae Civil Appeal No. 108 of 1977 (Arising from Civil Rule No. 419 of 1974). Judgment Kemaluddin Hossain CJ.—The this appeal a question of law of public importance is involved in that whether a monthly tenancy created under the provision of secti...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....d created by a Muslim, it should be considered on the basic principle of the institution of waqf as contemplated under the Muslim Law. ………………….(36) Waqf-Waqf of the present case is a public waqf under section 2 (10) of the Wakf Ordinance of 1962, read with section 92 of the Code of ......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....Reported in: 32 DLR (AD) (1980) 110. ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....urces in Bangladesh stood transferred to and vested in the Council. While taking up the assets, the resolution also provides for vesting all debts and liabilities in Bangladesh stands before the publication of the resolution unless the Government otherwise directs, which would be deemed to be ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....tagong under his letter dated May 31, 1976. From the above it appears that the Government had revised its decision on the following consideration: "They are of the view that resignation of the public service by a Government servant entails forfeiture of past service and that there is no prov......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....r plots………..(15) The legislature used the word “contiguous” correctly and exactly and not loosely and inexactly. So, contiguity cannot be maintained if such contiguity is intervened by a public path way, whatever be the breadth of the path way and claiming of pre-emption instead of such......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
..... Balaganj Police Station, District Sylhet, stating that the applicant and nineteen others formed an unlawful assembly and being armed with deadly weapons started cutting the 'Gopat' which is used as public path, attacked the informant and other villagers who protested and caused injuries to them by......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....D 530; 12 QBD 79; the State of Bomby Vs. Nilkanth Shripad Bhave and another reported in AIR 1954 Bom. 65; Hutchinson Vs. Jauncey. (1950) IRB 574; Gardener Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 DL......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....ker Mahbubuddin Ahmed for the Appellant and Mr. Md. Faziul Karim for the Respondent, we felt the necessity of taking further assistance of the Bar, as the question under consideration is of general public importance, and there is no uniform decision to cover it. Accordingly, we requested Mr. Pal ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... end by an amendment of the Ordinance by deleting its name from the schedule, The Ordinance was promulgated to provide for the coordination of management of the affairs and business of certain public corporations for a limited purpose. The liquidation of Respondent No. 5 a Company, r......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....on of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for tender was yet to expire on 23.4.90. He drew our attention to ru......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
.... following manner: "38. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order." 10. There can be no doubt that the right to form an association or u....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
.... pre‑emptor's land was not directly contiguous to any of these lands transferred except one of these lands, namely, a tank. This tank was also separated from the pre‑emptor's land by a public path. The courts below including the High Court Division ignored the public path which belon......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was previously detained twice from April 1982 to April, 1983 and from November19......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangla......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
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