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M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....adul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 1985 and 21 of 1986.) Judgment Shahabuddin Ahm......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....; 4-9. Not represented.- Respondent Nos. 2 (i) to 2 (iv)3(i) to 3(iii) and 10-18. Civil Appeal No. 172 of 1983. (From the judgment and order dated 3.5. 83 passed by the High Court Division, Dhaka in First Appeal No. 22 of 1970.) Judgment Fazle Munim CJ.- This appeal arises from a ju......orised and that the entry of the name of Government in record of rights was wrong. On behalf of the Government it was contend­ed that the suit land vested in the Government as a result of Government Gazette Notification No. 1524 dated 21st December 1957 and that the forest depart­ment is in posses..

Category: Property Law | Date: | Hits: 63

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....-on-Record. -- For Respondents No. 1-50. Not Represented. - For Respondent No. 11. Civil Appeal No.6 of 1986. (From the judgment and order dated 25.11.1985 passed by the High Court Division, Dhaka in Writ Petition No. 435 of 1985.) Judgment: Badrul Haider Chowdhury J. - This ap­peal......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

...., Advocate, instructed by Sharifuddin Chaklader, Advo­cate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revi­sion No. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintif......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

....ate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Judgment and Order dated 12.4.82 passed by the High Court Division, Dhaka in First Appeal No. 478 of 1986). Judgment: Fazle Munim CJ. - This appeal arises from Fi...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....ty and is of no legal effect…………………….(17, 18, 19 & 24) Cases Referred to- Godha Singh Jabra Singh vs. District Magistrate, Farozepur (AIR 1956 Panjab 33); The University of Dhaka vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722. Lawyers Involved: S.S. Halder, Seni...... or Magistrate before whom the holder of such license is convicted of an offence against this Act, or against the rules made under this Act; and the (Government) may by a notification in the official Gazette cancel or suspend all or any licenses throughout (Bangladesh) or any part thereof." It wi..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....m) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) Judgment Badrul Haider Chowdhury J.- This ap­peal b......, or (c) generally acts in a manner contrary to public interest, or (pp 137 to 162) (d) otherwise exceeds or abuses its powers, the Government may, by notification in the of­ficial Gazette, declare the Paurashava to be su­perseded for such period, not exceeding the resi­due ..

Category: Election Law | Date: | Hits: 118

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....te-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 14th August, 1982 passed by the High Court Division, Dhaka Bench in Second Appeal No. 322 of 1964.) Judgment MH Rahman J.- Appellants along with r......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..

Category: Civil Law | Date: | Hits: 113

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....sitation in saying that the property in question of the respondent is not an abandoned property…….(26 & 37) If his habitual residence is in U.K. then his permanent residence is bound to be Dhaka, Bangladesh. Again, if his ordinary residence is taken as U.K. then again it is in Bangladesh ......s residence in the United Kingdom shall be deemed to continue to be permanent resident in Bangla­desh within the meaning of that Article: Provided that the Government may noti­fy in the Official Gazette, any person or cat­egories of persons to whom this Article shall not apply. 2B. (1) Notw..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....6 and 49. Ex parte—For Respondents Nos. 2-35(ch) 35(ja) ,35(Ta), 37-48 and 50-64. Civil Appeal No. 66 of 1985. (From the judgment and order dated 27.3.84 passed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..

Category: Property Law | Date: | Hits: 34

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......titioner it is contended that extension of time in this case is not applicable and the instant case was not pending on 8.8.83 when the Ordinance No. XXXVII of 1983 was published in the Bangladesh Gazette. It is fur­ther contended that sub-section (4) of section 339 C is applicable in this cas..

Category: Criminal Law | Date: | Hits: 60

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M.Afzal J Bangladesh and others ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd 1987. ......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 ..

Category: Property Law | Date: | Hits: 39

Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....n the allegation that on 4.8.79 after Iftar at about 7 P.M. P.W.1 Alefuddin's nephew deceased Azizur Rahman was going to the house of Alefuddin as he had come back after treatment from P.G. Hospital, Dhaka; that Azizur Rahman was going by the side of the appellant's house and on being accosted by th......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..

Category: Criminal Law | Date: | Hits: 52

Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)

.... Respondent Nos. 2-3 & 5-7. Ex-parte — For Respondents Nos. 8 to 23. Civil Appeal No. 125 of 1983. (From the judgment and decree dated 6th, May 1982 passed by the High Court Division, Dhaka in Appeal from Appellate Decree No. 41 of 1975). Judgement MH Rahman J. - This appeal is......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..

Category: Property Law | Date: | Hits: 35

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

.... Record- For the Appellant. Md. Nurul Huq, Advocate-on-Record- For the Respondents. Civil Appeal No. 5 of 1986. (From the judgment and order dated 16.9.85 passed by the High Court Division, Dhaka Bench in Civil Revision Case No. 720 of 1984.) Judgment Badrul Haider Chowdhury J. - Thi......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...

Category: Property Law | Date: | Hits: 118

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....al Attorney General, instructed by A. W. Mian, Advocate-on-Record- For the Respondent. Civil Appeal No. 14 of 1987. (From the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) Judgment: Badrul Haider Chowdhury J.-Leave was......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 ..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

....mployee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(AD) 234 and Motaher Hossain Khan v. Banglad...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..

Category: Labour and Industrial Law | Date: | Hits: 122

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....neral instructed by B. Hossain, Advocate-on- Record -For the Respondents 2 & 4. Civil Appeal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badrul Haider Chowdhury.- This appeal by special leave......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

....Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.) Judgment Badrul Haider Chowdhury J.-I have had ....... 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

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....iluckhya Nath Chowdhury and another, 33 I.A. 60; Gopal Das vs. Sri Thakurji, AIR 1943 (PC) 83 (86); Reg vs. Hodges (1838); 28 DLR (1976) 437; AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. ......H Rahman 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: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115