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Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... they are paid for, must be said to have their right, title and interest subsisting. Reference may be made in this connection to the decision in the case of Shaha Md Elais Shah vs Province of East Pakistan (Represented by the Secretary, Revenue Department) Government of East Pakistan, Dhaka and ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
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. ......; TH Khan J: This is a Reference under section 374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under section 302 of the Pakistan Penal Code by the Additional Sessions Judge, 2nd Court, Dacca. There is also an appeal pr......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:......Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Nath Chakravorty vs. Krishna Bhusan Das and others 82 CLJ 145; Almas Khatun vs. Ejhar Mia 8 DLR 82, Mofizur Rahman vs. East Pakistan represented by the Collector of Khulna 13 DLR 538; Ayesha Begum and others vs Nibaran Chand......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)
....of the sale deed. 5. This petition is resisted by respondent No. 2 who claims in the affidavit-in-opposition that the document in question was accepted on 15.7.65 but as the executant was a member of a minority, as such, the document was not ultimately registered and registration was refu...... (Special Original Jurisdiction) Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacc......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)
.... 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. ......- Not represented. Petition No. 465 of 1969. Judgment Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of grantin...... 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
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....ellip;………….. Respondent Judgment March 4, 1999. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential w......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. ......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
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....des as follows: “40. Papers to be enclosed in packets. - (1) The Presiding Officer shall enclose and seal into separate packets the following papers connected with election of member for general seat, member for reserved seat and chairman- (a) The valid bal......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... 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.......t entertaining the suits…….(13 & 14) Cases Referred to- Secretary of State vs Mask & Company, AIR 1940 PC 105; Abdur Rouf and others vs Abdul Hamid, 17 DLR (SC) 515; Federation of Pakistan vs Saeed Ahmed, PLD 1974 (SC) 151, Moon Light Silk Mills Ltd vs. Bangladesh Shilpa Bank, 3...... 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
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... the deity of Sree Dasha Bhuja Mata, commonly known as Sree Sree Dhakeswari Mata, had been installed from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sue......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....nt Division prepared a list of ex-Mujibnagar employees in 1985, numbering 1632. A number of them were in fact appointed from this list of 1632 persons, a fact not denied. 2. A seven-member committee was formed by a gazette notification dated 23-9-1993 to examine and report as to ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......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)
....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. ......19-1-1992 and this Division also dismissed Civil Petition No. 78 of 1992 filed against the summary rejection of his writ petition. 3. The petitioner embarked upon a brilliant career in the Pakistan Navy on May 10, 1963 and he was awarded Sword of Honour being best all round midshipman. ......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
....hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
...... Civilian Employees in Defence Services (Classification, Control and Appeal) Rules, 1961 the petitioner is connected with Defence and paid from the Defence Service Estimate, but is not subject to the Army Act, 1952, the Bangladesh Navy Ordinance, 1961 and the Bangladesh Air Force Act, 1953. The Admi..
Category: Employment/Service Law | Date: | Hits: 83
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....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. ......in the post of Shed Khalashi. Subsequently he was promoted to the post of Welder under the Mechanical Engineer, Lalmonirhat. Md. Abdul Quasem the petitioner in Writ Petition No.1140 joined the then Pakistan Eastern Railway in the year 1961 in the post of Ticket Collector. Thereafter he was promot......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
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......ailed of by the aggrieved person……………………….(11) Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....the prosecution has been able to prove the charge. The prosecution is to prove that the acts of murder were done in pursuance of the common object of that unlawful assembly or such offences as the members of the unlawful assembly knew to be likely to be committed in prosecution of that object. F......esult the four deceased persons died and then PW 9 A Halim and PW 3 Alauddin killed Abu by gunshots. The further case of the defence is that PW 12 Abdul Huq Bhuiyan and Wali Newaz Bhuiyan supported Pakistan occupation army during the war of liberation, while accused-respondent No. 1 Giasuddin wa......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......ivision in Writ Petition No. 6717 of 1997 dismissing the writ petition summarily on the ground of maintainability. 2. Lieutenant General Abu Saleh Mohammad Nasim (Retired), former Chief of Army Staff, filed the writ petition challenging four Notifications, (1) Memo, dated 20-5-96 publish..Category: Employment/Service Law | Date: | Hits: 77
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......he respondents will get the overtime wages at double the rate of their basic wages only. 3. Shortly stated the facts are that, on the 29th October 1966 an agreement was signed between the Pakistan National Oils Limited. The predecessor of the appellant-company, and Workers Association,......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....Article 103(2)(a) of the Constitution having been refused by the Division Bench. 2. The petitioner, appearing in person, has placed Article 3C which is as follows: “3C. A member shall be entitled to import free of customs duty, sales tax, development surcharge and impo......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ser of Bangladesh Textile Corporation, who paid rent for the same upto January 1973 to the said Afaq Ahmed Khan. During liberation war, Afaq Ahmed Khan had to shift himself along with other family members from his said Dhanmondi House to other places in Dhaka City for the safety of their lives...... Bailey Road, PS Ramna, Dhaka described himself as the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....he said machineries under SRO dated 25-7-1990 upon furnishing a certificate as required and prescribed under the said SRO from the proper authority of the Board of Investment. It is important to remember that the condition for availing the benefit under the said SRO is that the importation of ma......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
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