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Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)

....nt: Badrul Haider Chowdhury, J.—This appeal by special leave is directed against an order of the High Court Division in Criminal Revision No. 665 of 1975. The High Court Division discharged the Rule holding that it has no jurisdiction for quashing the crimi­nal proceeding pending before the S......Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangla­desh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the..

Category: Criminal Law | Date: | Hits: 51

Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)

....structed by S. S. Hoda, Advocate-on-Record—For the Respondent. Civil Appeal No. 165 of 1975. (From the Judgment and Order dated the 5th March, 1976 passed by the High Court Division in Civil Rule No. 612 of 1975). Judgment: Kemaluddin Hossain CJ.—A short question involved in this a......its conclusion, and since no question of two conflicting decrees coming into exis­tence arise, this is a fit case where provisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: M.H. Khondker, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—F..

Category: Property Law | Date: | Hits: 73

Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)

....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......strict Judge, 3rd Court Dacca, awarding interest are set aside.………(7) Cases Referred to- Bangladesh vs. Abdul Mannan (1977) 29 DLR (S.C.) 17; Bangladesh Vs. Abdul Mannan 29 DLR (SC) 17. Lawyers Involved: Abdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney..

Category: Others | Date: | Hits: 86

A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial Research & ors, 1980, 9 CLC (AD)

....ainst him. The appellant sub­mitted that the dismissal order without any notice served upon him as to the proposed order of dismissal even in connection with the second proceeding was illegal. 3. Rule was issued by the High Court Division on the writ petition but after hearing the parties the sa...... contract is pre-emptible. Provisions embodied in section 26 of the Bengal Tenancy Act and those in section 96 of the State Acquisition and Tenancy Act are similar in nature…………………(4) Lawyers Involved: K. S. Nabi, Advocate instructed by B. C. Panday, Advocate-on-Record—For the A..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....han, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cann......ely craves for  withdrawing his  resignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order accepting the resignation………….(9) Lawyers Involved: S.R. Pal, Senior Advocate with Shamsul Hague Siddique, Advocate, instructed by ..

Category: Employment/Service Law | Date: | Hits: 77

Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)

..................................Petitioner. Vs. Bangladesh and ano­ther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediat......admissible under this rule, only for the period from his appoint­ment to the date of suspension and thus such order has not affected any statutory right of the appellant. The appeal is dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For ..

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

Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)

....er the appellants moved the Sessions Judge, Sylhet under Section 438/ 435 of the Code of Criminal Procedure which was rejected on 31.7.75. They moved the High Court in the revisional jurisdiction and Rule was issued in Revisional Case No. 559 of 1S-75 which was discharged on 3.11.76. Against that ju......Abul Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242; Akhtar Hossain Khan and ors. Vs. State, 29 DLR. (S C) 101; Abdur Rahman versus-State, 29 D.L.R. (S.C.) 256. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ..

Category: Criminal Law | Date: | Hits: 48

Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)

....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......es Referred to- Haynes v. King (1893) Ch. 349; Spillers Limited vs. Cardiff (Borough) Assessment Com­mittee and Pritchard (1931) 2 K. B. 21; Aziz Ahmed Vs. Nazir Ahmed I.L.R. 50 Allahabad 257. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Record—..

Category: Property Law | Date: | Hits: 66

M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

.... 438 of 1978) Judgment Ruhul Islam, J.—This appeal by special leave arises from the judgment of the High Court Division dated April 3, 1979 in Writ Pe­tition No. 438 of 1978 discharging the Rule obtained by the appellant challenging validity of the order of the respondent removing him from...... to such a decision. Even in case of giving reasons, the order is not immune from attack being violative of the principle of natural Justice…………(9) Case Referred to- 31 DLR (AD) 33. Lawyers Involved: Rafique-ul-Huq. Senior Advocate, instructed by B. Hossain, Advocate-on-Recordâ€..

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

Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)

....icial proceedings, Chapter X Amendment and Repeal of certain enact­ments, Chapter XI contains certain provisions barring suits and the effect of the order made by the Administrator, Chapter XII with Rules and By-laws. 7. We are not concerned with all the diverse provisions excepting Sections 50 ......nistrators jurisdiction is attracted when dispute is whether a property is waqf or not. This question will have to be decided by the Waqf Administrator within a reasonable time……………. (16) Lawyers Involved: Ahmedur Rahman Khan, Advocate, instru­cted by S.S. Hoda, Advocate-on-Record—..

Category: Trust/Waqf Law | Date: | Hits: 196

Coal Controller, Govern­ment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)

....p;    Mustafa Kamal J.- This petition for leave is from the Judgment and order passed by the High Court Division dated 3.3.93 in Civil Revision case No. 370 of 1993, discharging the Rule. 2. Respondent Ventura Industries Ltd, filed an application under Section 8 of the Arbi......al Controller, Govern­ment of Bangladesh........................Petitioner Vs. Ventura Industries Ltd.....................Respondent Judgment August 19, 1993. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Ch..

Category: Others | Date: | Hits: 90

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

.... the defendant filed Miscellaneous Appeal No. 174 of 1970 against the order dated 26.2.70. This Miscellaneous Appeal was dismissed by the appellate Court below as time barred. Against this order a Rule was issued by the High Court being Civil Rule No. 483 of 1971. In the meantime on 6.8.71 the r......All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-R..

Category: Others | Date: | Hits: 119

Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)

....ng the receiver. The trial Judge rejected the application by his order dated August 12, 1974. The appeal to the District Judge preferred by Respondent No. 1 against the said order was dismissed. A Rule was obtained from the High Court Division on an application under section 115 of the Code of C......s Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Managing Committee, 1938 AIR (PC) 73 & Deo Kuer Vs. Sheo Prasad AIR 1966 SC 369. Lawyers Involved: BN Chowdhury, Advocate, instructed by Abdur Rab-II. Advocate-on-Record-For..

Category: Civil Law | Date: | Hits: 112

Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)

....12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction ......rul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, S K Shaha, Advocate with him) instructed b..

Category: Property Law | Date: | Hits: 66

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

.... Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by the High Court Division, Dhaka, in Civil Rule No, 115(F) of 1990). Judgment          &n......d Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by..

Category: Property Law | Date: | Hits: 101

State Vs. Zahir and ors., 1993, 22 CLC (AD)

....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......                 Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Involved:             &nbs..

Category: Criminal Law | Date: | Hits: 48

Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)

....Respondent No. 5 was not a local authority and the Writ Petition was not maintainable and the relation­ship between Respondent No. 5 and its employees was that of master and servant. After the Rule issued in that matter was discharged the Government decided to liquidate the Company through C......Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. Lawyers Involved: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represente..

Category: Business or Commercial Law | Date: | Hits: 104

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... PLD (SC) 387; Karnail Singh and another Vs. State of Punjab 1954 AIR (SC) 2; Lachhman Singh Vs. State 1952 AIR (SC) 167 & State of UP Vs. Paras Nath Singh and others 1973 AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocat..

Category: Criminal Law | Date: | Hits: 60

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....ect assets upon negotiation to respondent No. 8 and delivery of the sale certificates in pursuance thereof. 3. The High Court Division by the impugned Judgment dated 9 December 1992 discharged the Rule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, ......atifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advoca..

Category: Banking Law | Date: | Hits: 142

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

....light Engineers and Navigators Association, Aircraft Workshop Technical Workers Union and Society of Aircraft Engineers of Bangladesh Biman along with their respective Presidents obtained separate Rules Nisi respectively in Writ Petition Nos. 1311, 1923, 1924, 2648 of 1990 and 133 of 1991 in ord......s ….........................Respondents [In CA No. 18. of 1993] Judgment August 18th, 1993. Case Referred to- Asaduzzarnan Vs. Bangladesh 42 DLR (AD) 144; Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocat..

Category: Labour and Industrial Law | Date: | Hits: 103