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Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......he petitioners along with others took settlement of 1904 acres of the said lands by executing registered kabuliyats in favour of the proprietors and since then they have been possessing these lands peacefully on payment of rent to the proprietors and after their acquisition, to the Provincial Go..Category: Property Law | Date: | Hits: 81
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....in the present tense in sub-section (5) connotes that the dispute must continue to exist even at the time when the objection is raised. The main purpose of this section being the maintenance of public peace and the prevention of breaches thereof it would follow that where there is no danger ...... Rab (I), the learned Advocate appearing on behalf of the respondents submits that immediately after the compromise-petition was filed it should be held that there was no apprehension of breach of peace and, as such, the learned Magistrate was without jurisdiction in passing a final order in the..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....document was presented for registration Fundamental Right No. 13 was in force. The said Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property."......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....sufficient number of passengers. It may be stated, that in these routes there are other operators as well. IWTA in their affidavit have asserted that there was a simultaneous request from the traffic public from Dacca to Patuakhali with modern vessels having steel hulls and providing more safety and...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....the Petitioner Rafiqur Rahman with ATM Afzal-For the Respondent. Writ Petition No. 81 of 1970. Judgment A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the va...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....s that under Article 38 of the Constitution every citizen shall have the right to form an association or union, subject to any reasonable restrictions imposed by law in the interest of morality or public order. The petitioner company was formed by the citizens of this country in exercise of thei......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....s case No. 814 of 1995 (Contempt) finding the appellant guilty of Contempt of Court and awarding him a sentence till rising of the Court with a fine of Taka 1,000.00 only. 2. Following the publication of an Article under the caption “The Parliament and the judiciary at Loggerheads&......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....7. In an inter-ministerial meeting held on 15-11-84 it was decided that the lands covered by LA case No. 6 of 1948-49 but in the possession of unauthorised persons and not under the control of the public works department be de-requisitioned in favour of the original owners on realisation of comp...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... High Court Division misinterpreted the law and the various judgments cited at the Bar and thus allowed itself to an erroneous decision. Thirdly, the question raised in this matter is of considerable public importance and should, therefore, be examined by this Division. 8. Since the appeals part...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....titioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that cha......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..Category: Anti-Corruption Laws | Date: | Hits: 73
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....(I of 1885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy the court that he has sufficient interest a......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
.... The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak and uncertain security which should be avoided in the best interest of public revenue and bank guarantee should be ensured………………......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....ppellate/revisional authority, if any, and all past and closed transactions, all before 16-6-1999 are hereby ratified and confirmed and are declared to have been validly made, done or taken in the public interest……..(12) Cases Referred to- Chandra Mohan vs. the ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
.... Judgment May 27, 1999. The Constitution of Bangladesh, 1972 Articles 27 & 29 If some persons out of a list of persons appointed in the service of the republic and others are left out, the list being prepared by the executive without backing of any law......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....ulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault can be found in the exercise of power by the President under article 134 of the con......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..Category: Administrative Law | Date: | Hits: 144
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....houdhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communications, Rail way Division an......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..Category: Employment/Service Law | Date: | Hits: 85