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M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......p;Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976.......e case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....the instructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be established except by a public auction, whereas the Additional Deputy Commissioner had granted permission to Respondents 1 to 6 without any public auction to hold...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......ellip;……………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment January...... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Petitioner. K. A. Bakr, Attorney-General, with A. W. Bhuiyan, Assistant Attorney-General, instructed by B, Hossain, Advocate-on-Reco..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....udgment Mahmud Husain CJ.- This appeal by special leave is against a judgment of the Constitution Bench of the High Court Division. The respondent was first appointed on a temporary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporatio......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... Case is also Reported in: 29 DLR (SC) 41. ......he Corporation was one of Master and Servant, and whether the High Court Division had jurisdiction to interfere with the order of dismissal under Article 102 of the Constitution. The learned Attorney-General did not press the second point as to the maintainability of the petition under Article 102..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
............Petitioner Judgment December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Ed. ......er Judgment December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah Abdul ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... India Vs. Chelikani Rama Rao, L.R. 43 LA. 193 and Hem Singh vs. Basant Das, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with M/S. Ronadhir Sen, Deputy Attorney-General, Abdul Wadud Bhuiyan, Assistant Attorney-General, Md. Ismailuddin Sarker, A......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......te—11 D.L.R. (S)C) 368 same case P.L.D. 1959 S.C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA...Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....remises in an affidavit exhibit D sworn by him in Writ Petition No. 5,"4 of 1964 under Article 98 of the late Constitution which was filed by him for cancellation of an order made by the Additional Deputy Commissioner (Rev.), Dacca directing him to vacate the suit premises. It is to be noted here ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ppeal is, accordingly, disposed of. Ed. ...... Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—For the Respondents. Criminal App..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......onj in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner c......incident that took place at the Meghna Gha and thereupon went to Meghna Ghat and that also informed PW 12, SI attached to the Sonargaon PS. and thereupon PW 12 upon recording the General Diary(GD) No112 dated 4-3-l987 some time before 3-45 hours of the night of 3rd and 4th Mar..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......epublic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner Vs. Member, Administrative Tribunal, Dhaka and others............................... Respondents Judgment ......emy as ASP on 1-10-1978 and on completion of training he was appointed as Additional Superintendent of Police by notification dated 31-3-1979 and ultimately rose to the rank of Additional Inspector General of Police by notification dated 1-3-1992. Thereafter on 4-9 1993 he was retired on complet..Category: Administrative Law | Date: | Hits: 132
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000. The Town Impro...... Involved: Dr. M Zahir Senior Advocate (MA Rahim, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner, Mahinudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Ap..Category: Constitutional Law | Date: | Hits: 138
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......dhury J Mainur Reza Choudhury J Md. Ghoiam Rabbani J Md. Ruhul Amin J Abul Fazal (Md) alias Abul Fazal alias Badal and another......... Petitioners Vs. State.....................rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
.... Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For the Petitio....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......p; Government of Bangladesh and others............................. Petitioners Vs. M......of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For the Petitioners. &nb..Category: Property Law | Date: | Hits: 57
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......; Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner Vs. Nafisa Choudhury and others...............Respondents Judgment May 22, 2001...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....t Division acquitted the accused persons and on such ground this Division did not interfere. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record —For the Peti......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......103 The Penal Code, 1860 (XLV of 1860), Section 396 The state did not take any step during the period of about seven years to get the leave petition heard and on this very account the leave petition must be rejected. Upon evidence on record a different c......tted the accused persons and on such ground this Division did not interfere. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record —For the Petitioner. ..Category: Business or Commercial Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Government of Bangladesh and others.............. Appellants Vs. Abu Musa............. notice under the section could not make the order of confiscation as illegal……(9) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. Ra..Category: Business or Commercial Law | Date: | Hits: 99
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... asking him to appear before petitioner No. 2 on 19-10-2000 for a personal hearing and letter dated 6th November, 2000 issued by petitioner Nos. 1-3 asking the writ petitioner to appear before the Deputy Governor, Bangladesh Bank who was the Chairman of the Standing Committee under section 48 of......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......nbsp; Bangladesh Bank and others.......... Petitioners Vs. Zafar Ahmed Chowdhu......lip;…………………(10) Cases Referred to- Dr. Nurul Islam vs. Bangladesh and others 33 DLR (AD) 201; Attorney-General vs. Times Newspapers Ltd & another (1991) 2 All England Law Reports 398. ..Category: Business or Commercial Law | Date: | Hits: 131
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... that the memorandum of appeal refiled on 9-4-1996 was barred by delay of much more than 85 days and, as such, condonation of the delay of 85 days was not legal. 5. Learned Deputy Attorney-General appearing for the respondent Nos. 1 and 2 submits that all the above quest...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......nbsp; Monir Ahmed and ors...............Petitioners Vs. Forest Rese......ndum of appeal refiled on 9-4-1996 was barred by delay of much more than 85 days and, as such, condonation of the delay of 85 days was not legal. 5. Learned Deputy Attorney-General appearing for the respondent Nos. 1 and 2 submits that all the above questions having not b..Category: Property Law | Date: | Hits: 80
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ...... Kazi Ebadul Hoque J Mainur Reza Chowdhury J Abdul Alim.................... Petitioner Vs. State and others.............. Respondents Judgment November 26...... 2. The short facts of the case are that, the respondent No. 2 the informant first party Mr. Azizur Rahman, Sub-Inspector of Police, Motijheel Police Station on 12-11-1997 recorded a General Diary of Entry No. 1100 and after investigation of the matter submitted Motijheel PS- Non f..Category: Criminal Law | Date: | Hits: 62
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
.... Lawyers Involved: B Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Petitione......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ...... Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners Vs. Nurul Haque Miah and another.............. Respondents Judgment December 8,......p; Lawyers Involved: B Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Petitioners.  ..Category: Administrative Law | Date: | Hits: 93
State Vs. Shahjahan, 2001, 30 CLC (AD)
....icate the plea of right of private defence of life of the accused can not be brushed aside……………(7) Lawyers Involved: B Hossain, Deputy Attorney General, instructed by Md. Saffadul Huq, Advocate-on Record—For the Petitione......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......mdash;For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-1994 passed by the High Court Division in Death Reference No. 1 of 1992 with C......f right of private defence of life of the accused can not be brushed aside……………(7) Lawyers Involved: B Hossain, Deputy Attorney General, instructed by Md. Saffadul Huq, Advocate-on Record—For the Petitioner ..Category: Criminal Law | Date: | Hits: 55