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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....his responsibilities of office sincerely. The Government has now constituted an Enquiry Commission headed by a Judge of the High Court Division to investigate into the charges, if any, against any member of the past Government and if any charges are found to be true, law will take its own course......; Cases Referred To: Abdul Latif Mirza, 31 DLR (AD) 1; Shiv Prasad vs. State of MP, AIR 1981 (SC) 870; M Mahmood vs. Bangladesh, 43 DLR 383; Baqi Baluch vs. Pakistan, 20 DLR (SC) 249; Government of West Pakistan vs. Begum Agha Shorish Kashmiri, 21 DLR (SC)......0. The case of the petitioner is that, the detenu (not in custody now) comes of a respectable family of Rangpur. He obtained BA Degree from Carmichael College, Rangpur and joined the then Pakistan Army and was commissioned on 27th September 1952 in the then East Bengal Regiment. The detenu also ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......lute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA Ansari, a renowned Surgeon of erstwhile East Pakistan. Dr. Ansari was given lease of a plot of land at Dhanmondi residential area which is plot ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......d……………………(7) Cases Referred to- Life Insurance Corporation of India Vs. DJ. Bahadur and others AIR 1918 (SC) 2181; Pakistan River Steamers Ltd vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC)......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......f an hour before his murder is in the evidence of PW 3 Rabiul Alam, a co-villager of the victim and informant and he came to the house of the victim from his village home to join his service in the Army. At the time of deposing in Court he was serving as a Sepoy in the Army. We have seen his evid..Category: Criminal Law | Date: | Hits: 58
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....han a retiring director or a nominee director shall be eligible for election to the office of the director at any General Meeting unless he is recommended by the directors. This will not apply if a member has left at the office a notice in writing under his hand or under the hand of such agent si......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....d independence from parliament and executive shall be secured framing law or rules or executive orders having the force of law under article 133…………76(8) The Administrative Tribunal The members of the judicial service are within the jurisdiction of the administrative tribunal…….76(...... is to interpret the word “control” to mean not only control over the Courts and tribunals but also over their presiding officers. Article 109, he submits, is a departure from the Constitution of Pakistan of 1962 to ensure independence of higher judiciary. The habitat of Article 109 is in the Ch......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....o account extraneous matter or policy considerations while fixing tariff value. It can take only those matters consideration, which are germane to the Customs Act and not anything else. Besides, some members of the said Chamber earlier imported a huge quantity of Soda Ash Light and by lobbying for e......Commissioner of Customs, Chittagong vs. Giasuddin Chowdhury, 50 DLR (AD) 129, Collector of Customs, Chittagong vs. Ahmed Hossain and others, 48 DLR 199, Phassco Hardware Company vs. The Government of Pakistan, PLD 1989 Karachi 621. Lawyers Involved: Dr. Kamal Hossain, Abdul Baset Majumder Advo...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....ntive officers and appraisers were placed in the same pay scale of Taka 470-1135.00. The appellants contended that by having the same scale of pay the preventive officers and appraisers have become members of the same class with effect from 26-6-83. They therefore contend that they have become s......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
.... past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at Bhatiary. He is also a member of the Ship-breaking Companies Association. The defendant-appellants had their ship- breakin......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....d the Writ Petition by filing an affidavit in-opposition supported by another supplementary affidavit-in opposition contending that the original Owner Md. Yahiya left Bangladesh for Pakistan with members of his family some time in the year 1970 and his whereabouts were not known when President&...... dated 23rd September, 1986. His case is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by way of perpetual lease granted by the erstwhile Government of East Pakistan on 10-8-62 under a registered deed of lease. Md. Yahiya possessed the disputed building an...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....of the then President of Bangladesh, Bangabandhu Sheikh Mujibur Rahman on the fateful night of 14 August, 1975 and related to the dreadful incident of that night in which the President and his family members and others were killed by some army officers and others as mentioned in the FIR. 3. The r......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......the burden of proof. 9. In the High Court Division all writ petitions filed under Article 102 of the Constitution are disposed of in accordance with the then Rules of the High Court of East Pakistan at Dhaka governing the procedure in applications for Directions, Orders and Writs under Ar......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......p;Respondents Judgment June 16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197. Lawyers Involved: Md. Hannan, Senior Advocate, instru......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....s Exec Committee before hearing of the suit. On 14-6-95 the plaintiff filed another application praying for temporary injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an or...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ecision may be usefully quoted below. Section 7(2)(e) of the Local Government (Union Parishads) Ordinance 1983 reads as follows: 7. Qualifications and disqualifications of Chairman and members of Union Parishads. (1)…………………......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ce passed by the Comptroller and Auditor General of Bangladesh alleging that he was appointed as an Auditor in 1948 in the local audit department of the office of the then Accountant General, East Pakistan. Subsequently through promotion he became audit and accounts officer in the office of the ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....lidated personality will be a stand taken against the Constitution. Insofar as it concerns public wrong or public injury or invasion of fundamental rights of an indeterminate number of people, any member of the public, being a citizen, suffering the common injury or common invasion in common with......6) WLR 550; IRC vs. National Federation of Self: Employed and Small Business Ltd [1981] 2 All ER 93; Mian Fazal Din vs. The Lahore Improvement Trust, 21 DLR (SC) 225; Benazir Bhutto vs. Federation of Pakistan, PLD 1988 (SC) 416; Shehla Zia vs WAPDA PLD 1994 (SC) 693; The South Asian Environment Law ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......ors 16 BLD (AD) 274 = 48 DLR (AD) 164, held in the light of the principles of law laid down in the case of Indar Singh vs. Kanshi Ram AIR 1917(PC) 156, 44 IA 218, followed by the Supreme Court of Pakistan in the case of Ghulam Abbas vs Hashim 1969 SCMR 257, (judgment by Hamoodur Rahman, CJ.) h......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... the Order speaks that the recovery of Bank dues can be made under the Public Demands Recovery Act. Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of due......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
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