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Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......979) 127...

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Unimarine S. A. Pa­nama through Local Agent Bengal Shipping Line Limited and another…………Appellants Vs. Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- Shamsul..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......t. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ...... CJ Fazle Munim J Ruhul Islam J KM Subhan J Kazi Mokarram Hossain……..……Petitioner Vs. Secretary, Minis­try of Cabinet Affairs, Establis­hment Division, Government of Bangladesh & others……………Respondents Judgment March 9, 1978. Lawyers Involv..

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

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... this principle, the opinion of the detaining autho­rity required to be formed, if unqualified or unrestricted by the relevant statute, was purely subjective and was therefore not justifiable. After independence, however, on the framing of the Constitutions in both India and Pakistan, which provide......eshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Gholam Jilani Vs. Govt. of West Pak., (1967) 19 DLR (SC) 403; Ridge Vs. Baldwin 1964 AC 46; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury (1977) 29 DLR (SC) 41; Mrs. Ar..

Category: Constitutional Law | Date: | Hits: 408

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......o cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....dy. He had no business in Pakistan before or after the Parti­tion, except for the Tea Estate. The last sen­tence in this letter reads: "Under the circumstances noted above, my request is to read my declaration in the light shown above." 4. The Income Tax authority treated this as a consolidate......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

....14. In our view the reasons assigned by the High Court Division for believing only eye witness, P.W.2 Maksudur Rahman, the other important witness and P.W.4, mother of the deceased regarding dying declaration of the deceased are well founded. We find no cogent reason to disagree with the learned...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....de the order dated 30.1.1995 adding the petitioner as a party under Order 1 rule 10 of the Code of Civil Procedure by the Assistant Judge, Galachipa in Title Suit No.90 of 1994. The suit was for a declaration that the order dated 27.11.1983. passed in 24 S.A.P.K. of 1980/81 and subsequent passin...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

....inistrative Tribunals Act, 1980 challenging the orders dated 25.02.1988 and 05.04.1988 passed by the Ministry of Establishment and Directorate of National Security Intelligence respectively and for declaration that the present respondent has been in the service of the N.S.I, as an officer absorb......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & ..

Category: Administrative Law | Date: | Hits: 111

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

.... The Contract Act, 1872 (IX of 1872), Section 73   As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given an......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......to the salary towards the unexpired period of contract and that has been rightly done…………………..(7 & 8) Cases Referred to- Bangladesh Small Industries Corporation, Dhaka vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41; M/S. A..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... affirming those of dated 25.3.95 passed by the Administrative Tribunal, Dhaka dismissing Administrative Tribunal Case No. 93 of 1992. 2. The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is i......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of B..

Category: Administrative Law | Date: | Hits: 92

Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)

....n are that the predecessor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the deed of heba bil-ewaz No. 7565 dated 26.05.1988 in the name of the said defend......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 30

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....eal was filed against the judgment arid decree dated February 23, 1989 of the Court of Additional Assistant Judge, Gazipur in Title Suit No. 22 of 1987 dismissing the same. The suit was filed seeking declaration that the ex parte decree dated 28.11.1981 obtained in Title Suit No. 860 of 1981 was voi...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....13th August, 2001 passed by this Division in civil petition for leave to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profit......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......h @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Order XXVI, rule 4 Review is not a..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....ative Tri­bunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for declaration that he is entitled to get all the financial benefits for the period from the date of ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......f retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was issued on 15-..

Category: Administrative Law | Date: | Hits: 103

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

.... 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Annexure-M) issued by the appellant (writ-respondent) ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ...... Ed. ..

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

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....ntly written 2nd Court of Munsif, Jessore) in Title Suit No. 36 of 1989 (in the leave granting order inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 30

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

....ersing the judgment and decree dated February 28,1988 of the Court of Senior Assistant Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and t...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 36

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......plying grenades, which according to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of Bangladesh at the place of occurrence by some persons, in that case the trial judge is not powerle..

Category: Criminal Law | Date: | Hits: 43