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Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ate policy of education aid considered whether the mandate of Article 17 of the Constitution was kept in view while requisitioning the premises for the School. The High Court considered whether the Director of Public Instruction had given any sanction for running such school. The High Court cons......lip;……………………………..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 65

Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....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. ......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. ......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

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... Judgment Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, Attorney General, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record&mda..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....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: ......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: ......ajul Huq, Senior Advocate, with Zakir Ah­med, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners (In Petition Nos. 66, 69 & 74 of 1981). K. A. Bakr, Attorney-General, with A. W. Bhuiyan, Sohrab Ali, Md. Moksudur Rahman, Deputies Attorney-General, instructed ..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....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. ......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. ......htiaq Ahmed, Senior Advocate, with Zamiruddin Ahmed, and K. Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate on-Record.—For the Appellant. Abdus Sobhan, Addl. Attorney-General instructed by Zinnur Ahmed, Advocate-on-Record- For the Respondents. Civil Appea..

Category: Property Law | Date: | Hits: 61

Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......e appeals) Judgment June 15. 1981. Lawyers Involved: Aminul Huq, Advocate on Record -For the Appellant (in both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeal..

Category: Criminal Law | Date: | Hits: 46

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....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. ......8-7-78 passed by the High Court Division in Appeal No. 8 of 1977 reversing the order of the Company Judge and directing the winding up of the Company. 2. Respondent No.1 Rahimuddin Ahmed, a Director and share-holder, filed an applica­tion under section 162 of the Companies Act, 1913 f......business and si­nce then Rahimuddin Ahmed had been acting as Chairman and Zahiruddin Ahmed as Managing Director of the Company. 6. Further case of respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the ..

Category: Business or Commercial Law | Date: | Hits: 110

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......instruc­ted by S M, Huq, Advocate-on-Record.—For the Appellants. Faruque Ahmed, Advocate-on-Record.—For the Respondent No. 2. Not represented—Respondent No. 1. K. A. Bakr, Attorney-General—Amicus Curiae. Appeal No.67 of 1980. (From the judgment and order dated 23.6.79 pa..

Category: Labour and Industrial Law | Date: | Hits: 108

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......rs Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....at the High Court Divi­sion 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:......the learned Additional Attor­ney General that rule 12 of the Urban Immovable Property Tax Rules provides First Appeal against the assessment orders passed by the Assessing Officer, before the Deputy Director of Taxation and a Second Appeal before the Director of Taxation against the order of the De......Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocate on-R..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....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. ......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. ......p; Co. Ltd. and anr... …………….Respondents (in C.A Nos. 46 & 47 of 1978) Judgment January 9. 1980. Cases Referred to-   General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our Court, Dacca, 28 DLR 160, ..

Category: Labour and Industrial Law | Date: | Hits: 91

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... 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. ...... 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. ...... 46 of 1979). Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record— For the Appellants. Abdus Sobhan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record- —For the Respondents. Civil App..

Category: Property Law | Date: | Hits: 66

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......olved: Asrarul Hossain, Senior Advocate with Md. Rafiqul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Abdus Sobhan, Additional Attorney-General, instructed by M.R.Khan, Advocate-on-Record —For Respondent No. 1. Shafique A..

Category: Employment/Service Law | Date: | Hits: 94

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....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. ......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. ......nt February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No...

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....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. ......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. ......nvolved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appe..

Category: Criminal Law | Date: | Hits: 51

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....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. ......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. ......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

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......ged by the defendant………….(21) Lawyers Involved: A. Aziz, Senior Advocate, instructed by B. C. Panday Advocate-on-Record —For the Appeallent. Syed Ishtiaq Ahmed, Additional Attorney-General instructed by S. S. Hoda, Advocate-on-Record —For the Respondent. Criminal Appeal No. 1..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....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. ......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. ......: Zafar-ul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Murzaqullah, (1964) 16 DLR (SC) 16. Lawyers Involved: Faqeer Sahabuddin Ahmed, Additional Attorney-General, instructed by A. S. M. Shamsuzzaman, Advocate-on-Record—For the Appellant. S.R. Pal, S..

Category: Administrative Law | Date: | Hits: 106