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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... there. Defendant No. 1 Ganesh Chandra Chakraborty residing in the Dacca city appeared in their village and gave out to the villagers that he was a representative from the office of the Deputy High Commissioner of India in Dacca and told them that there was apprehension of fresh riot and so sayin..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......7; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; Municipal Corp. City of Abmadabad Vs. New S..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... without waiting for a copy of the administrative approval which was sought for from the Superintending Engineer. The Government not being satisfied with this explanation appointed the Deputy Chief Engineer to inquire into the matter. An inquiry was accordingly held on the conclusion o......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......e matter was referred to the Public Service Commission seeking its advice as to whether the extreme punishment of dismissal should be imposed upon the respondent. The Public Service Commission gave advice that dismissal would be harsh and opined that censure would meet the ends of..Category: Employment/Service Law | Date: | Hits: 87
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ering the service rendered by the accused to the Nation during the war of liberation and also of his age. The Special Martial Law Court directed that the proceedings of the case be submitted to the Chief Martial law Administrator for review as required under Regulation 4 of M.L.R. 1 of 1975. In th......e under Article 103 of the Constitution. 7. To revert to the consideration of the appeal, we find that President Sayem addressed the Nation on 21-11-1976 declaring the postponement of the General Election for an indefinite period. Khandker Moshtaque Ahmed issued a statement on 26-11-1976 and poi......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... by this Division in Khandker Ehteshamuddin Ahmed @ Iqbal Vs. The State. Fazle Munim J.—I have had the advantage of going through the order of the Court and the views expressed by the learned Chief Justice and brother Ruhul Islam, J. I agree with the views of the learned Chief Justice. R......ercised in discharging its judicial function. 28. In A.P.H. Conference Shillong W A. Sangma, AIR 1977 SC 2155, the question was whether a determination do-recognising a political party, under Election Symbols (Reservation and Allotment) Order 1968, of the Election Commission could be treated......urt or tribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
.... 19(1) of the Employment of Labor (Standing Order) Act, 1965. Respondent No. 1 who was at first appointed a Driver of an Oil Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privil......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....The High Court considered whether the Director of Public Instruction had given any sanction for running such school. The High Court considered the malafide manner in as much as the wife of the then Chief Whip, the Head Mistress of the School and through the influence of her husband the order of ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ivision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors&hel..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Shahabuddin Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ik Mohd. Ashraf and attempted murder of Gunner Fateh Mohammad. He was found guilty of both the charges and sentenced to death by Court Martial. The sentence of death was confirmed by the Commander-in-Chief of the Pakistan Army. Other petitioner's case need not be mentioned as a common question of la......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......een argued that lack of jurisdiction should be interpreted as broadly as to bring within it the principle of Musk & Co's case, 44 CWN 709, or the case of Anisminic Ltd. Vs. Foreign Compensation Commission, 1959 (1) All ER 208 and on the other extreme, it has been argued on behalf of the State,..Category: Constitutional Law | Date: | Hits: 327
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....ial Tribunal, Kushtia vacating the order, allowing withdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the ques......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... into the shoes of the National Bank. The respondent surrendered the demonetised notes in pursuance of MLR No. 81 of 1971. It appears that this Martial Law Regulation was promulgated on 7-6-71 by the Chief Martial Law Administrator, Pakistan taking action because a large quantity of Pakistani curren......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sp; ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....t subsequent to 18th July, 1990: "At about the time of arguments and submissions of both the parties of this Writ Petition on 12th, 16th and 17th July, 1990 (Tuesday) the learned Chief Justice was kind enough to discuss with me the necessity of my going to Chittagong for about......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ative enactment, or is opposed to the provisions of this Act, or has been modified by any such custom as is above referred to". 19. This section was interpreted by a Full Bench of the Lahore Chief Court in the case of Daya Ram Vs. Sohel Singh and others (1906 Punjab Record page 390) where R......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......ce of West Pakistan and the High Court of Baghdad-ul-Jadid ceased to exist. 2. After the transference of the case and the transmission of the record to the Supreme Court of Pakistan by the Commissioner of Bahawalpur Division, notices were issued by the Court on the 31st of March, 1959, to..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
.... Home Department In-charge of the East Pakistan, Government Press, Tejgaon, Dacca from service with effect from 1st June, 1959 for inefficiency. By order of the Governor, Sd/- M. Azfar, Chief Secretary to the Govt. of East Pakistan." On the 25th June, 1959 the plaintiff su......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......ction (Civil) Present: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J M/s. A. K. Khan Plywood Co., Chittagong................................................Appellant. Vs. The Commission of Income Tax, East Pakistan......................................Respondent Judgement..Category: Fiscal/Taxation Law | Date: | Hits: 82
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