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....he trust property was on the verge of ruin. Considering the circumstances, the local leading gentlemen formed a managing committee on 20.11.68 with Mr. Abdul Haque, the Ex‑Chairman of Baliati Union Council as President and Mr. Madhu Mia as Secretary with 9 members to help the Committee and the app...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
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Category: Trust/Waqf Law | Date: | Hits: 183
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....a decree was made in a suit between certain parties and for finding out for what lands the suit had been decreed.” 22. In Kesho Prasad Singh Bahadur Vs. Bhagjogna Kuer AIR 1937 PC 69, the Privy Council made the following observation: “Whether based upon sound general principle or merely ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....l Huq Patwari reported in 19 DLR (SC) 281 a Full Bench of the Dhaka High Court by a majority decision declared section 57 of the Electoral College Act, 1964 as invalid and as result thereof the Union Council, Town Committee and Union Committee constituted in the then Province of East Pakistan have b....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....y Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14; Emperor Vs. Khawaja Nazir Ahmad, AIR (32) 1945 Privy Council 18; Shaheda Khatun Vs. Administrative Appellate Tribunal, 3 BLC (AD) 155; Rana Birpal Singh ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....me Court including that of the Chief Justice are the same and each of them will retire upon reaching the age of 67 years and none can be removed other than by way of reference to the Supreme judicial Council. 7. The learned Attorney General further pointed out that any appointment on the basis of......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....udicial service and the political executives or legislators, inasmuch as, a member of the judicial service in that case stands on the same footing like that of member of parliament or a member of Council of Ministers and in such case if a member of judicial service wants to hold an executive off......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....i Bank & Ors. 1984 BLD (AD) 242; Dr. M.A. Qadir Khan Vs. The Bank of Bahawalpur Ltd. PLD 1984; Karachi 211 Holme Vs. Burnskill; (1) (1878) 3 QBD 495; Rees Vs. Berrington Holme Vs. Burnskill Privy Council in Partapsingh Vs. Keshavlal; AIR 1935 Hariprashad Vs. Chandrojirao AIR 1962 Madhya Pradesh ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391....... Md. Ishaque has actually died on 19.5.90 at 7‑30 PM. To bear this out one of the sons of the deceased respondent No.2 namely Md. Yunus has filed the death certificate from the Metropolitan Medical Centre Ltd. Mohakhali, Dhaka which is Annexure‑Y to the supplementary affidavit filed by him.
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Category: Alternative Dispute Resolution | Date: | Hits: 213
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ......ove mentioned impugned decision of BAEC. The writ petitioners' case, as set out in the writ petition, in short, is that all the three writ petitioners joined a project of BAEC namely Nuclear Medicine Centre (in short the case project) on 26.6.2000, 23.3.2000 and 27.6.2000 respectively. That the said..Category: Employment/Service Law | Date: | Hits: 81
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....case is adjourned for judgment observing that the trial will be deemed to have been concluded on the date on which the judgment is pronounced, The learned Counsel submits also a decision of the Privy Council which we do not want to refer now because that is not very illustrative in point. 20. The......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....he requirement of adherence to the provision of section 164(3) CrPC is not a mere matter of form only but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed Vs. The King Emperor reported in AIR 1933 (PC) 253. This view has......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... এবং নির্দেশমতে খাদিজা ইসলাম, সিংগাপুরস্থ নিজ Oversease Chinese, Baning Corporation Limited, (CCBC) 65, Chulia Street CCBC Centre Singapore-049513 নিজ নামীয় একাউন্ট নম্বর-৬৫০-..Category: Civil Law | Date: | Hits: 238
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. The Province of the Punjab, PLD 1949 Lahore, 219; ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....e a sentence for contempt of court unless it is satisfied that the contempt is of such a nature that it interferes or tends substantially to interfere with the due course of justice. 17. The Privy Council repeatedly emphasized that this summary power of punishing for contempt should be used spari......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....f the Republic) but as a private person interested in sports who voluntarily agreed to be an Arbitrator. 5. It may be stated here for removal of confusion that short title of the Bangladesh Sports Council Act, 1974 was subsequently changed to National Sports Control Board Act and thereafter in 19......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....was made aware of the detail and of the explanation given by accused; such a sanction being a mechanical sanction was not valid. The learned Advocate also placed reliance on the decision of the Privy Council reported in AIR 1948 (PC) 82 (Gulak Chand Ragudas Vs. The State) where it has been held that......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..Category: Criminal Law | Date: | Hits: 84
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....on 10 CPC. Attempt should first be made in the Court below to have suit stayed and failing there to apply to this Court." In the case of SPA Annamalay Cheity Vs. BA Thornhili, 1931 (PC) 263 the Privy Council held that where pending an appeal a suit is instituted on the same cause of action and betwe......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ee for ejectment. In order to make the question intelligible a short statement of facts is necessary. 2. The opposite parties obtained a decree for eviction of their monthly tenant M/s. Jamil Auto Centre and its proprietor, Mustafa Jamil Ahmed, from a holding at Sir Syed Road, Mohammadpur, Dhaka ..Category: Civil Law | Date: | Hits: 89
....d that the Vice‑Chancellor has power to act under section 14(4) of the University of Sagar Act, 1946 to terminate the service of a lecturer appointed on probation without reference to the Executive Council in an emergency and that the intention of the framer of the Act is to leave the Vice‑Chanc......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
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Category: Employment/Service Law | Date: | Hits: 155
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....on Mr. Ishtiaq Ahmed has referred to the case of Nathu Lal and others Vs. Mt. Comti Kuar and others reported in AIR 1940 (PC) 160. In the aforesaid decision it is held by their Lordships of the Privy Council as follows: "If an alteration (by erasure interlineation or otherwise) is made in a mater......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
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