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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....ura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin ......the question of maintainability it was firstly contended that the Writ at the instance of the Dacca Municipality or Dacca Pourashava was maintainable; and secondly, it was contended that the impugned order of the Ad­ditional Commissioner being an executive or­der passed by the superior authority, ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....einafter called the Ordinance as a non-profit making concern having the main object of doing the business of weighment/measurement of various articles of import and export by private individuals. The Government granted the licence required under section 3 of the Ordinance on due approval of the Memo......; 2. S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Respondent Nos. 3 & 4. Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgmen..

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... Abu Siddique, Advocate-on-Record—For the Respondent Nos.1 & 2. For the Respondent No.3—Not represented. Criminal Petition for Leave to Appeal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed by the High Court Division in Criminal Appeal No.4412 of 2006) ..

Category: Criminal Law | Date: | Hits: 122

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......or the petitioner. A. K. M. Foez, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.382 of 2010. (From the judgment and order dated 19.05.2010 passed by the High Court Division in Criminal Revision No.454 of 2008.) Or..

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Deputy Commissioner, Dinajpur……………………......ed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2789 of 2002 with Civi..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......e Petitioner. No one appears—For the Opposite Party. Civil Revision No.3967 of 2005. Judgment Sharif Uddin Chaklader J.- This Rule by the opposite party No.1 petitioner directed against order No.4 dated 13-9-2005 passed by the learned District Judge, Dhaka in transfer Miscellaneous Cas..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... section 200 of the Code of Criminal Procedure and took cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 and thereby issued summons upon the accused person vide its order dated 12-7-2005. After receipt of summons the accused peti­tioner appeared in the Court of Ch..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......, 2004, Rule 15 of Emergency Power Rules, 2007 and also under sec­tion 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all ..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d agreement could not be implemented because of the situation arising out of the liberation of Bangladesh. On the 19th January, 1972 the Secretary, Ministry of Industries and Natural Resources of the Government of Bangla­desh issued a notification purporting to take over under Acting President's Or...... concerned vested in the Government which acquired the right to administer, control, manage and dispose of by transfer or otherwise the said proper­ties in accordance with the provisions of the said order. Article 5 enumerates the powers of the Government generally and in part­icular to take such ..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......uq Chowdhury, Senior Advocate, (Bahauddin Ahmed, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record - For the Respondents. Criminal Appeal No.18 of 1978. (From the judgment and order dated 19-11-1976 passed by the High Court Division in Criminal Revision No.430 of 1975.) Ju..

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....lleged that no oppor­tunity was given to him to adduce oral evi­dence. However, the appellant was placed under suspension by an order dated 25.7.73 with immediate effect. Thereafter on 26.11.73 the Government dismissed the appellant with effect from 25.7.73 on the basis of recommendation of the Sc...... - For the Appellant. Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.147 of 1978. (From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974). Judgment Badrul ..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......ord - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 of 1978. (From the Judgment and order dated 8.6.1978 passed by the High Court Division in Writ Petition No.534 of 1977) Judgment ..

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....4 pro­vided that all persons who were serving in the PIA Corporation shall be deemed to be serv­ing in the Airlines on such terms and condi­tions and subject to such scrutiny or screen­ing as the Government of Bangladesh may determine. Article 7 provided for making rules for the purpose of givin......nd Humayun Hossain Khan, Advocates, instructed by Md. Nurul Hul, Advocate-on-Record - For Respondent No.1 (In Appeal No.25 of 1979). Civil Appeal Nos. 24 and 25 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition Nos. 479 and 538 of 1978 resp..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it which also got possession of the land. A sum of Rs. 2065.00 as determined by the Di......on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.114 of 1977 (From judgment and order of passed by a Division Bench of the High Court in Writ Petition No. 536 of 1976 on May 25, 19..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ul Amin, Advocate with Abdul Mazed Mia. Advocate and Md. Rezaul Karim, Advocate (In all Writ Petitions)—For the Petitioners. Md. Nazrul Islam Talukder. Deputy Attorney Genera-For the Respondents-Government (In all Writ Petitions). AFM Mesbah Uddin, Senior Advocate with AKM Nazrul Islam. Seni...... challenged the action of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an appli­cation an amendment was sought to be made in order to challenge the legality of the LA Case No.138/61-62 on the ground that the existence of the ..

Category: Property Law | Date: | Hits: 106

Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)

..../- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......ior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.917 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Civil Revision No.3043 of 2005.) Orde..

Category: Procedural Law | Date: | Hits: 81

M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)

....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2081 of 2009.) Judg..

Category: Procedural Law | Date: | Hits: 75

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....il) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agricult...... General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.551 of 2009. (From the judgment and order dated 26.01.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate T..

Category: Administrative Law | Date: | Hits: 263

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......he Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No.2044 of 2002.) Judg..

Category: Property Law | Date: | Hits: 98

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......rul Haque, Deputy Attorney General with Mr. Md. Shafquat Hussain, Assistant Attorney General- For the Opposite party. Criminal Miscellaneous Case No. 12955 of 2009. (Arising out of Judgment and order dated 6.5.2009 passed by Metropolitan Special Tribunal No.7, Dhaka in Metropolitan Special tri..

Category: Criminal Law | Date: | Hits: 92