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Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....0 of 1980.) Judgment: Fazle Munim J. - This appeal arises from the Judgment of a Bench of the High Court Division in Writ Petition No 130 of 1980. 2. The respondent No 1 wh......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)
....as set aside to that extent. 7. Against that decision a writ petition under Article 102 of the Constitution was filed by the appellant. The writ petition was summarily rejected by a Division Bench by a pretty lengthy order, the learned Judges elaborately discussed the case as found by...... 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)
....ere tried and conÂvicted and sentenced to imprisonment. A proceeding under section 491 of the Code of Criminal Procedure was taken before the Lahore High Court, and the matter was referred to a Full Bench, centring round the question, whether section 270 of Government of India Act was applicable, w......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: ..Category: Constitutional Law | Date: | Hits: 327
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....1970) Judgment: Fazle Munim, J.—This appeal arises from the Judgment of a Bench of the High Court Division passed in Writ Petition No. 18 of 1970. 2. The appellan......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....y with the defendant. 6. Against this decision the defendant preferred an appeal before the High Court at Dacca, raising several questions of law and fact. The learned Judges of the Division Bench, however, affirmed the decision of the trial Court and dismissed the appeal. 7. Leave ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....der section 162 of the Companies Act for winding up the company, which was registered as Matter No. 9 of 1975, bud the learned Company Judge dismissed the said petition. 8 On appeal Division Bench of the High Court Division allowed the petition for winding up, on the findings that the ori......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
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). Judgment Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Lea......at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... second part of the definition, only then he is competent to file an application under section 34 of the I.R.O. In taking this view the learned judges placed reliance upon a decision of a Division Bench of the High Court Division in the case of General Manager, Hotel Intercontinental, Dacca......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....e High Court Division. The matter was placed before a learned Single judge of the High Court Division, who on finding some conflicting decisions on the question of default referred it to the Division Bench, which, on consideration of several other deciÂsions, held that payment of four months' rent,......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....he suit was dismissed. The appeal filed by the Appellants being Title Appeal No. 330 of 1960 was also dismissed. The Appellants thereafter filed a Second Appeal where it was recorded by a Division Bench that "Mr. A.W, Chowdhury, the learned Advocate for the Appellants, submits that the rele...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sy1het Bench in Civil Revision No. 40 of 1983). Judgment: &nb......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ......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)
....badul Hoque, J in quite a few cases over night prepared by hand and brought written judgments for delivery after I had gone through the same. As 19th July, 1990 was the last working day of this Bench before moving to Chittagong we had fixed 18th July, 1990 for delivery of judgment of this ca......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
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....d - For the Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1989. (From the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from Appellate Decree No. 291 of 1979). Judgment Shahabuddin Ahmed ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....abolished by legislative enactment, or is opposed to the proÂvisions 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 Reco......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. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
.....) Judgment A. M. Sayem, CJ.— This appeal by Special Leave arises out of a suit by respondent Mr. Naziruddin Ahmed, which was dismissed by the trial Court but decreed on appeal by a Division Bench of the erstwhile High Court of East Pakistan. 2. The circumstances giving rise to the suit ......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
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....astagir, Attorneys— For Respondent No. 1. Ex-Parte—For Respondent No. 2. Civil Appeal No. K-16 of 1964. (On apÂpeal from the judgment and order of the High Court, West Pakistan, Karachi Bench, Karachi dated the 28th November, 1962 in Suit No. 4 of 1961.) Judgment Cornelius, CJ.â...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....Judgment M. R. Khan, J. — These two appeals by Special Leave, at the instance of the Secretary, East Pakistan Industrial Development CorporaÂtion, are from the judgment and order of a Division Bench of the High Court of East PaÂkistan by which the two petitions of the responÂdents were acce......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt, instructed by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Criminal Acquittal Appeal No. 451 of 1961.) Judgm......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....t eye, which had to be extracted. 2. The appellant preferred an appeal to the High Court, which, having been duly admitted, was, at first, heard by Mr. Justice Shah Zaman Babar of the Peshawar Bench, who ordered the production of additional evidence for elucidation of certain points, but the ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78