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Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....se of misreading of evidence given during the proceeding, but because the preliminary order was without jurisdiction. According to the respondent, it was without jurisdiction specially because in a prior civil suit pending in respect of the same subject matter the Civil Court had already issued a...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....iew that the ADC (Rev.) has not been given by Memo No. 5177(18) VP 497 dated 29.11.77 (Annexure F) the power to transfer or dispose of the exchange properties (now vested in the Government) without prior clearance from the Government which is now the requirement of section 3(l)(a) of the Enemy P......at the ADC (Rev.) has not been given by Memo No. 5177(18) VP 497 dated 29.11.77 (Annexure F) the power to transfer or dispose of the exchange properties (now vested in the Government) without prior clearance from the Government which is now the requirement of section 3(l)(a) of the Enemy Propert......is inability to do anything in the matter and asked the appellants to apply to the Deputy Commissioner, Dhaka, which they did on 20.1.1967, who in his turn directed them to apply to the Secretary, Ministry of Land Administration and Land Reforms, respondent No. 2. Accordingly in 1972 the appella..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....nt fixed for perpetuity by the Zamindars of Bengal. Patni talukdar's right of under letting was also recognised and inferior or derivative tenures were conferred similar interest to that enjoyed by prior talukdar. In case of arrears of rent patni tenures are liable to sale by public auction. The......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....he High Court Division also accepted the same to be a case of murder. (2) When the defence case, is that, wife committed suicide and that the respondent was away from his home for two days prior to the date of occurrence the husband naturally would have been present either in the morning......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......ch was communicated to the appellant SoÂciety on 25th March 1985 stayed the order of the Joint Secretary on the basis of which the letter dated 13th March 1985 was issued. Also, the Secretary of the Ministry of Land Administration and Land ReÂforms by his order dated 23rd June 1985 modified the or..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......as given to the MukhtiÂjoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Council made a represenÂtation before the Ministry of Communication for granting licence in respect of launch ghats for collecÂtion of tolls ..Category: Others | Date: | Hits: 103
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....43, rejected the contention and reÂfused to quash the proceeding. The learned Judges further observed that since the offence of forgery in respect of the Bainapatra dated 15 July. 1971 was committed prior to the institution of the civil suit-the suit was filed on 1 June 1975 it could not be said th......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......sed out the said five Fisheries to respondent No.5, Samity for one year on 18th July 1985 withÂout any notice to the appellant's Samity. Appellant moved an application to respondent No.3, Secretary, Ministry of Land Administration and Land Reforms who directed respondent No.1 to submit a report on ..Category: Property Law | Date: | Hits: 45
....ent of fairness.
16. We are in respectful agreement with the above principle but like to add a rider that so far as exercise of power under Section 18 of the Arms Act is concerned the absence of a prior notice/ hearing may not always invalidate the order passed thereunÂder, the subject matter be......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......
Present:
Badrul Haider Chowdhury J
Shahabuddin AhÂmed J
MH Rahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of BanÂgladesh and others.. ................
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....s that a Chairman or an elected commissioner shall not be removed from his office on any ground menÂtioned in clauses (a) and (b) of sub-section (1) unless the prescribed Authority declares with the prior apÂproval of the Government, by an order, that he is liÂable to be so removed. But it is pro......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....tatus at that time, Mr. Rizvi informed the Government on March 18, 1978 that he had already submitted the docÂumentary proof of the respondent's stay in the United Kingdom and he further stated that prior to his beÂcoming a British National the respondent was "a BanÂgladeshi (Pakistani") 45. O......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......d in Dhaka. The respondent was born in Calcutta on 17th September, 1941, His father miÂgrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was SecreÂtary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an In..Category: Immigration and Citizenship Law | Date: | Hits: 214
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......reasurer of Dhaka Lodge and Ext. A1 is a correspondence between the Grand Secretary, United Grand Lodge of England and (he Treasurer of Dhaka Lodge. Exhibit-B is the letter from the Deputy Secretary, Ministry of Land Administration and Land Reforms addressed to the Secretary, United Grand Lodge of E..Category: Property Law | Date: | Hits: 39
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......maining seven accused have not challenged it; in the charge-sheet they have been shown as absconding. 13. The learned Counsel for the appellants produced before us a government Notification of the Ministry of Home Affairs dated 25 April 1980 showing the appointment of a Commission of Inquiry for ..Category: Criminal Law | Date: | Hits: 46
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ..Category: Property Law | Date: | Hits: 49
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... chairman, the entire work of examination, scrutiny, verification and sanction was left to be done by the Upazilla Parishad with the claimant himself as its head. He is in a position to influence the clearance of the bill. Even if he does not preside over the meeting of the Parishad while dealing wi....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
.... which the aforesaid East Pakistan (Lands and Buildings)
Administration and Disposal Order, 1966 containing Article 8 also fell through,
there was no ground to hold that no right which existed prior to the
promulgation of the Order would revive. He submitted that the appellant's right
to ex......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....g that Regulation 18 (a) of the Bangladesh Biman Corporation Employees (Service) Regulations 1979 applied in determining the seniority of plaintiff-respondents who joined their services in 1978 prior to 20th December 1979 on which date the aforesaid Regulations came into force because the Re......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......zal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....tion for win-ding-up the company. On these materials we are in a position to hold that though respondent No.1 had carried on business in computers under the general name of 'Ciproco" prior to the Incorporation of the company, but since then he did not carry on any such private busi......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ld that writ jurisdiction was not available to remeÂdy the breach of obligation under a contract pure and simple and that the principle of natural justice was not attracted to such a case even it no prior notice was given to the party feeling aggrieved. But m another case, AIR 1973 SC 205, the In......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......ioner's report did not refer to the CerÂtificate of the Fishery Officer. The learned Attorney General tried to explain that by a Cabinet decision management of all Fisheries was transferred from the Ministry of Fishery to the Ministry of Land Administration and Land Reforms from July 1983 and, cons..Category: Property Law | Date: | Hits: 87
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