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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... under section 3 of the Act was served on 15. 12. 60, and the possession of the property was taken en the same date. Notice under section 5(1) of the Act was served on 19. 3. 61. It is to be remembered that on 15. 8. 63, Ordinance XIII of 1963 was promulgated introducing twenty-four months ....... Ill of 1965 promulgated on 22. 3. 65 but made retrospective with effect from 15.8. 63. 6. Both the Government and the owners preferred an appeal, and a revision to the High Court of East Pakistan. The appeal was converted into civil revision. Both the cases were numbered as Civil ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....he same meaning as assigned to it in the Basic Democracies Order. The Electoral College Act, 1964 was enacted for the Constitution of Electoral College for the purpose of election of President and members of the National and Provincial Assemblies under the then Constitution of Pakistan and ...... another.................... Respondents in all the appeals Judgment May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....hereon for allotment of few bales of yarn to different weavers or factories. The Enquiry Officer did not examine any of the applicants whose cases the appellant had recommended nor did he examine any member of the Allotment Committee. The Enquiry Officer by his report dated 24-1-73 gave the follow......and Vs. Chancellor, Kuruskhetra University, AIR 1968 SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons Ltd. Vs. Government of Pakistan; 13 DLR (SC) 233 = PLD 1961 (SC) 537 ; The Chief-Commissioner, Karachi Vs. Mrs. Dina Sohra......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ore the final publication of the notification under clause (h) of sub-section (4). 6. The all important question in this appeal is the first question. It is to be remembered that the award was given by the Court under the Land Acquisition Act in terms of s. 91A of...... Respondent No. 9. Ex parte.—For the Respondent Nos. 1, 4, 5, 7 & 8. Civil Appeal No.10 of 1974. (From the Judgment and Order passed by the High Court of East Pakistan in Appeal from Original Decree No. 158 of 1966 converted in to C.R No.670 of 1969 dated 3......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......fore, a defaulter and liable to be evicted. On appeal, the judgment and decree, of the trial court were affirmed by the Additional District Judge, Dacca. On further appeal to the High Court of East Pakistan, however, the decrees of the Courts below were set aside and the suit was dismissed. The Hi......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......on under the second count. 4. The prosecution case was that during the period of liberation struggle from 25.3.1971 to 16.12.1971 the appellants in collaboration with the occupation army of Pakistan committed atrocities of various kinds such as loot, arson, rape and murder in different pa......ed the efforts of the people as well as of the liberation forces of Bangladesh. The further prosecution case was that in the 1st week of December, 1971, the appellants as collaborators, of Pakistan Army and in furtherance of their common intention did commit murder of Md. Yusuf, son of Abdul Kari..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... 5. PW 1 Mira and PW 2 Gayatri are respectively widow and daughter of victim Golok. They gave consistent evidence regarding the prosecution case and they were corroborated by P 3 Susanta who was a member of the local Union Parishad. Their evidence proved to the hilt that the two appellants gave ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......pondent No. 2 filed the aforesaid Administrative Tribunal Case stating that he joined the Army as Gentlemen Cadet and on completion of his training got regular commission in September, 1965 in the Pakistan Army and came back to Bangladesh in 1973 with the rank of Major. He then retired from the ...... No. 62 of 1994 was challenged. 2. The short fact leading to this petition is that, respondent No. 2 filed the aforesaid Administrative Tribunal Case stating that he joined the Army as Gentlemen Cadet and on completion of his training got regular commission in September, 1965..Category: Administrative Law | Date: | Hits: 132
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....ng Director in violation of the Rules of the company i.e. the Articles of Association was oppressive and prejudicial to the interest of the minority share holders, that is petitioner and the other members of company. The High Court Division after considering this statement made by the affidavit ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....ollected some pa wherein it is mentioned that Md. Ismail Hossain who is a non-Bengali and a Pakistani citizen left Bangladesh and he is still alive and is living with his sons and daughters and other members of his family in Karachi.” 4. A Division Bench of the High Court Division, by its order......ation for review the petitioner stated as follows: “That according to the advice of the learn Counsel, the defendant Islamic Foundation Authority took proper steps through Bangladesh Embassy, in Pakistan to know definite regarding the said tenant Md. Ismail Hossain The Bangladesh Embassy collec......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
.... The Representation of the People Order, 1972 (President's Order No. 155 of 1972), Articles 3A & 4 Election Commission is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....herefore it followed its two other contrary decisions, namely, the cases of Union of India Vs. ME Reddy, AIR 1980 (SC) 563 and Union of India Vs. JN Sinha, AIR 1971 (SC) 40. 18. What we have to remember in applying the Indian decisions on cases of this nature is that while the various State Gove......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent upon their walking out of the House first and then resorting to......aruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 US 186; "(Nixon vs. Herndon, 273 US 536 (1927) at 540); Lt. Col. Farzwid Ali vs Prov. of West Pakistan, 22 DLR (SC)1970) 203 (220); Fazlul Quader Chowdhury Vs. Shah Nawaz, 18 DLR (SC) (1966) 62 ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......s 'pending action' which are stare decisis. As the meaning of the words 'pending action' is well established by legal precedents we would like to reproduce the observations of Muhammad Haleem CJ of Pakistan in the case of Pir Bakhsh vs. Chairman, Allotment Committee PLD 1987 (SC) 145 as under: ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....raph 6 of Martial Law Order No. 103: "Notwithstanding anything contained in this Order an ex‑officer of the Defence Services, who is holding any post or office as Chairman, member, director, including managing director, or trustee of the governing body, by whatever name ......rplus Public Servants" means a public servant whose post is abolished by the Government for the purpose of administrative reorganization or who, being a servant of the erstwhile Government of Pakistan, joined the Government of Bangladesh on repatriation or escaping or defecting from Pakista......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....be held. (3) The authority shall appoint an enquiry officer or committee to examine and report on the allegations against the officer or employee. The status of the enquiry officer or member of the committee, as the case may be, should be higher than the accused. (4) At......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....n that there developed a resistance among the vested interest against the detenu and they started discriminating him on the ground of religion and a sentiment was created against him because be was a member of the minority community. 4. On 20.3.93 while the detenu was giving lecture in the Bandar.....................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; Humayun Kabir vs. State, 28 DLR 259; Emperor vs. Shibn...... 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 ..Category: Constitutional Law | Date: | Hits: 185
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. ......LD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh vs. Aijan Bewa, 6 DLR 320= PLD 1956 Dhaka 143; Sar Anjam Khan vs. Afzal Khan, PLD 1972 Peshawar 37; State of Pakistan and another vs. Mehrajuddin, PLD 1959 SC (Pak) 147. Lawyers Involved: Abd......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. ..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 ......he Secretary, Ministry of Works praying for declaration of the 50% share of the premises belonging to the deceased father of the appellants as abandoned property on the allegation that he left for Pakistan during the war of liberation in 1971 and also praying that the lease be granted to him on ...... 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 ..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 ......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 ......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 ..Category: Criminal Law | Date: | Hits: 64
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