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Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....nfant and the defendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have been acquired by the Government and accordingly those properties have been excluded in the suit. The lands mentioned in ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..

Category: Property Law | Date: | Hits: 59

Aminul Islam Vs. State, 1972, 1 CLC (HCD)

....ney was to be disposed of. The law relating to disposal of Works Programme Fund, according to the said Court, was laid down in circular No. 44 issued by the Secretary of the Basic Democracy and Local Government Department. This circular contains certain instructions and provides for, among others, i......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 83

Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)

....istered kabuliyats in favour of the proprietors and since then they have been possessing these lands peacefully on payment of rent to the proprietors and after their acquisition, to the Provincial Government. As the new char sprung up from the bed of the river due to the shifting of the river Te......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..

Category: Property Law | Date: | Hits: 81

Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)

....p;     Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970.   Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..

Category: Property Law | Date: | Hits: 86

Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

.... and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chandra Das 14 DLR 347; Perumel vs Central Government of Pakistan 15 DLR (SC) 58; 18 CWN 428 (PC) and 29 CWN 1037 (PC); Must. Bhagwanu Kunwar ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..

Category: Property Law | Date: | Hits: 62

Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)

....iled and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after taking settlement from the Government, leased out the said land to their predecessor Nuruddin and to the predecessor of their ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..

Category: Property Law | Date: | Hits: 67

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

.... The plaintiffs however, further contended that they continued to be in possession of the suit property from the time of their lease from the Mutawalli of the Wakf Estate. In April 1962, however, the Government declined to accept rent from the plaintiffs and on enquiry, they came to know about the a......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Civil Law | Date: | Hits: 137

Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)

....l put the same on sale to the public. (2) Before publication of such time-table, fare-tables or tariffs of freight the owner of a mechanically propelled vessel shall submit them to the Provincial Government for approval. (3) The Provincial Government may, by notification in the official Gaze...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 255

City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....inancial institution if he is already a director of a bank or insurance company or any other financial institution. Section 48 of the said Act provides that Bangladesh Bank in consultation with the Government of Bangladesh by a notification in the official gazette may declare that any or all prov......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..

Category: Business or Commercial Law | Date: | Hits: 106

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

.... place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as examples of conflict between the legislature and the judiciary. T......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..

Category: Criminal Law | Date: | Hits: 75

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....hasers from the original owners of the land which was outside the acquisition. There were various cases over the acquisition of land in that area and the writ- petitioners always represented to the Government that they were bonafide purchasers of land outside the acquired land. On 15-11-84 an int...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 19......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....ent Textile Mills. No machineries were ever installed in the premises of the company. After the death of Abdus Sattar, his heirs became the share holders of the company. Pursuant to a decision of the Government to transfer the nationalised industries owned by the Bangladeshi nationals they had the c...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...

Category: Property Law | Date: | Hits: 77

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....bsp;  Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... case. 4. The Election Tribunal, by a judgment and order dated 19 May, 1997, allowed the election petition in part with a direction for fresh poll in one of the 93 centres namely, Garghata Government Primary School Centre. 5. The petitioner preferred First Miscellaneous Appeal N...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....enged before the Administrative Tribunal. Mr. Ahmed has also submitted that the High Court Division e in not holding that the impugned Circular dated 8-3-96 had been issued without approval of the Government and without publication in the official gazette and, as such, the same was void, without......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..

Category: Employment/Service Law | Date: | Hits: 63

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ……&h...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..

Category: Employment/Service Law | Date: | Hits: 72

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....uslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Re......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..

Category: Employment/Service Law | Date: | Hits: 69

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

.... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ..

Category: Employment/Service Law | Date: | Hits: 81

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....cised his power malafide. The two Reports of a Court of Inquiry and a Commission of Inquiry were confidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government in exercise of the investigative power of the State to inform itself as to the state of ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..

Category: Employment/Service Law | Date: | Hits: 89