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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. ......cellation of the lease deed declared to have been passed without any lawful authority. Ed. ......zle Munim  J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Divi­sion, G......bsp; J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Divi­sion, Govt. of Ban..

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:......nt 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-Record (absent)—For the Appellants. Altaf Hossain, Advocate, Jaynal Abedi......ellate Division (Civil) Present: Fazle Munim J Shahabuddin Ahmed J Chowdhury ATM Masud J Assessing Officer, Narayangonj Range and others…………………....Appellants Vs. Burmah Eastern Ltd. …………………………………………...Respondents Judgm......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:..

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. ...... In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ...... CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea In­dustry Management Committee and an­other .......................Appellant Vs. F.H. Chowdhury and another…..........................................Respondents ......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. ..

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

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

....rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......w­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. L......rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 2......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......tition is dismissed. Ed. ......sain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner.     Vs. Superintendent of Police, Bangladesh Railway and other…………&h......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

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. ......and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......azle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The Chairman, Second Labour Court, Dacca and another...............Respondents (in C.A. ......ations Ordinance, 1969 alleging, inter alia, that the employee was a permanent wor­ker being one of the Senior Assistants with twenty years service under the employer; that he was the General Secretary of the Finlay Employees Union which is the Collective Bargaining Agent for the employees ..

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

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Profulla Kumar Chakraborty.....................................Appellant. Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..

Category: Tenancy Law | Date: | Hits: 116

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. ...... The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......m J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment ...... 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. ..

Category: Property Law | Date: | Hits: 66

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

....ion No. 758 of 1978 was heard analo­gously with 4 other Writ Petitions including the Writ petition Nos. 479 and 538 of 1971. 3. In the case of Bangladesh Biman Corporation vs. Chowdhury Mohammad Yusuf (C. A. No.   24     of   1979)   a......r is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others........maluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …..

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

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

....ur 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 Appeal No. 19 of 1989. ............................Respondent Judgment January 16, 1991. Lawyers Involved: 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 in...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden......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. ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....sh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab Ali, Advocate-on-Record-F......urt, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab Ali, Advocate-on-Record-For the Petitioner. AY Mashiuzzaman, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Gover......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat..

Category: Procedural Law | Date: | Hits: 128

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

.... present market value of the land, then the purpose of refusing specific performance on the ground of hardship will be defeated. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, (Mohammad Hannan, Advocates with him) instructed by Mohammad Ayub, Advocate-on-Record -For the Appell......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Tobarak Ullah .............................Plaintiff-Appellant Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta and another ..............Defendant- Re......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..

Category: Property Law | Date: | Hits: 64

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. ......rt Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J Abdullah Jabir J Bangladesh, substituted in place of Province of East Pakistan................Appellant Vs. Naziruddin Ahmed..................................................................................­partment In-charge of the East Pakistan, Government Press, Tejgaon, Dacca from service with effect from 1st June, 1959 for inefficiency. By order of the Governor, Sd/- M. Azfar, Chief Secretary to the Govt. of East Pakistan." On the 25th June, 1959 the plaintiff submit­te..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......C) (1973) 90. ......he Executive Engineer dated the 17th September 1962 on the subject of payment of pending bills of Mainamati-Compayganj Road. Exhibit 2(b) is a letter by the Pleader for the plaintiff addressed to the Secretary, Railways, Waterways and Road Transport Department for payment of outstan­ding bills and ..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......aper Mills Limited Vs. Karnaphuly Paper Mills Workers' Union and others reported in (1961) 13 DLR (SC) 160—P.L.D. 1961 (S.C.) 329, lent support to the contention of the appellant. 5. Mr. Asrarul Hossain appearing for the appellant challenged the findings of the Indus­trial Court and the High C......5. ......him any opportunity to show cause against the proposed termination…….(14) Cases Referred to- Karnafully Paper Mills Limited Vs. Karnafully Paper Mills Workers Union, (1961) 13 DLR (SC) 160; Secretary, EPIDC Vs. Md. Serajul Haque 22 DLR) SC) 284; Glaxo Laboratory (Pak) Ltd. Karachi Vs. Paki..

Category: Labour and Industrial Law | Date: | Hits: 107

Karachi Stock Exchan­ge Vs. Kurban Ali M. Mer­chant and others, 1973, 2 CLC (AD)

.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......diction (Civil) Present: A. R. Cornelius CJ M. Yaqub Ali J Abdus Sattar J Karachi Stock Exchan­ge.......................................................................Appellant Vs. 1. Kurban Ali M. Mer­chant. 2. Purviz Merwanji Dalal........................... Respondent ......Rules governing forward contract, which have been reproduced in the judgment of the learned Single Judge. Rule 3 requires that every mem­ber desiring to do Forward Contract Business shall notify the Secretary in writing of such desire and send him a cheque for Rs. 2,500 ''as basic deposit". In this..

Category: Business or Commercial Law | Date: | Hits: 74

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......lty……(4, 5 and 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (1960) 12 DLR (SC) 295; Noorul Hasan Vs. federation of Pakistan, (1957) 9 DLR (SC) 47. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Md. Anis, Advocate with him) instructed by Md. M. R. Khan, Advocate-on-Re...... (1973) 80. ......o costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..

Category: Employment/Service Law | Date: | Hits: 96

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......1973) 73. ......lication (Ex. 22) was made by Shoab, a clerk in the same office to the Secre­tary of the Ministry of Health and Social Welfare (Labour) on 4-3-59 at 3 p.m. This application was not put up before the Secretary of the Department, but Mr. Karamat Elly, an Assistant Secretary in the Department the Dire..

Category: Anti-Corruption Laws | Date: | Hits: 142

Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

....This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... Appellate Jurisdiction (Criminal) Present: Muhammad Yaqub Ali J Sajjad Ah­med Jan J Salahuddin Ahmad J Mohammad Sharif, s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18,...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..

Category: Criminal Law | Date: | Hits: 60