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.... and the Commission immediately thereafter authorised the Chairman to initiate the legal proceeding? After all, who is the Chairman? The Chairman is not a stranger to the Commission. He is not only a member of the Commission but he is the Chief Executive thereof. The Chairman, therefore, occupies a ......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....any relief as a civil servant. The learned Additional Attorney-General drew our attention to Article 66(2)(d) of the Constitution which provides for disqualification for election as or for being a member of parliament if one holds any office of profit in the service of the Republic other than an......njab PLD 1972 (SC) 139; Khandaker Ehteshamuddin Ahmed @ lqbal vs. Bangladesh 33 DLR (AD) 154; Helaluddin Ahmed vs. Bangladesh 45 DLR (AD) 1; State vs. Zia-ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan vs. Saeed Ahmed PLD 1974 (SC) 151; Pakistan vs. AV Issacs 11 DLR (SC) 371; Jeevaratnam vs.......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....ge to which exception was taken without considering the background, circumstances, hardship, apprehensions and genuine grievances of the petitioner. 5. There may be transactions in which a member of the lower judiciary may himself be a party and if such transactions are impugned in the l......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ..Category: Property Law | Date: | Hits: 71
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......nsation assessment-roll by itself shall not stand in the way of vesting non-retainable property to the Government………(9) Cases Referred to- Province of East Pakistan vs. Md Shahabuddin, 25 DLR 248, Province of East Pakistan vs. Haji Abul Hussain & ano......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......the hearing of the appeal Mr. Mahmudul Islam, learned Counsel for the respondent-appellant, has taken us through the relevant provisions on interim order under Article 98(4) of the Constitution of Pakistan, 1962, Article 199(4) of the Constitution of Pakistan, 1973 and the addition of Articles 1......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....ernment (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Parishad or against any member thereof. The petitioner under the rule is not exempted from issuance of such a notice himse......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..Category: Employment/Service Law | Date: | Hits: 94
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....udgment and order dated 19 November 1997 passed by the High Court Division in Civil Order No. 4167 of 1997). Judgment Bimalendu Bikash Roy Choudhury J. - The Petitioner was declared elected as member of Parliament in the general election held on 12 June 1990 from No. 169, Kishoreganj-5 (which......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....p;পদ দাবি করতে পারে।” 4. The appellant is a grandson of the 9th Chief (1875-1901) and is the nephew of the 11th Chief (1916-1923). Of all the living male members of Bohmong Dynasty he is the seniormost in age being only five days younger to the last 14th......visional Commissioner were placed before the Prime Minister and the name of respondent No.1 was suggested for approval of the Prime Minister on the ground that the appellant was a collaborator of the Pakistan occupation army and was a Minister of Malek cabinet in 1971, that he was involved in activi......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....(d) of the Government Servants (Discipline and Appeal) Rules 1985 on the charges of corruption and misconduct. Respondent No.3 the Director General of Fire Service and Civil Defence appointed a three-member Inquiry Board to enquire into the charges. The enquiry ended in a report finding respondent N...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....ldren. 3. Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, Englan......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....s of Business, 1975; 4. It shall not be necessary to consult Commission with regard to the selection for appointment- (a) to a Class I service or service or post of any officer who is already a member of Class I service, or holding a Class I post; 8. It shall not be necessary to consult the......C) 1942; Gajar vs. U Joromonik Siem, AIR 1961 (SC) 276; Ramesh vs. State of Bihar AIR 1978 (SC) 327; Sant Ram vs. State of Rajasthan, AIR 1987 (SC) 1910; Lalit vs. Union of India, AIR 1972 (SC) 995); Pakistan vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105 = 13 DLR (SC) 100, West Pakistan vs. Din Muhammad......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......ular Division Bench and, as such, the respective impugned orders are without jurisdiction and void ab initio. 5. Chapter III of Part I (volume 1) of Rules of the High Court of Judicature for East Pakistan which are being followed by the High Court Division provides as follows: “Holding of ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....his employment to the head office of Latif Bewani Jute Mills Ltd., where he had been serving since 1953 in order to export jute gods, but could not return back to Bangladesh till August, 1976 but the members of his family remained throughout in Bangladesh ; that he remained stranded in Kar...... issuance of the certificate on 31.8.1980. 5. The trial court on a discussion of the evidence on record held, inter alia, that the plaintiff was a national of Bangladesh and he was stranded in Pakistan and therefore his temporary absence from the country cannot take away his right to enjoy hi......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......handra Sarker 4 MLR (AD) 426; 53 DLR (AD) 12 and 51 DLR (AD) 221; Mst. Shamim Akhtar Vs. Syed Alam Hussain and others 1975 SCMR 60; Bibhabati Vs. Ramendra Narayan (AIR 1947 PC 19); Federation of Pakistan Vs. Ali Hasan (PLD 1967 SC 249). Lawyers Involved: T.H. Khan, Sen...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
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