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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. ......in Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Recor......ructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khandker, Advocate-on-Record.—For the Respondents 1 & .2. Civil Appeal No. 9 of 1981. (From the Judgment and Order dated 28-2-80 passed by the High Court Division in Writ Petition No. 575 of 1977) Judgment:..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....b-articles (1), (4) and (5) that Sonali Bank has stepped into the shoes of the National Bank. The respondent surrendered the demonetised notes in pursuance of MLR No. 81 of 1971. It appears that this Martial Law Regulation was promulgated on 7-6-71 by the Chief Martial Law Administrator, Pakistan ta.......................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: The appeal is dismissed. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhwat Ali, Advocate-o......nted to consider whether the Sonali Bank became a debtor in respect of the released amount and whether it was a debt of the Bangladesh Bank as well as of the Government of Bangladesh. The Release Order is in the following terms: "Messrs Mannan Brothers have applied to this Committee for perm..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. ......bsp; Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respondents Judgment April 5, 1977. Lawyers Involved: T. H. Khan, Senior Advocate, with M.A. Baqui Mallik, Advocate, instructed......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. ......Robrio, 27 D.L.R. 98, M/s. Nabisco Biscuit and Bread Factory W.P.N. 397 of 1974, Rats vs. National Arbitration Tribunal, 1948 I.EB. 424, Joblr vs. Middlesex County Council (1949) I.K.B. Lawyers Involved Syed Ishtiaq Ahmed, Senior Advocate with Altaf Hossain and A.W. Bhuiyan, Ad...... No. 1 (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed by the High Court of Bangladesh in Writ Petition Nos. 863 and 864 of 1..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. ....... Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6, 1980. Case Referred to- Ramjan Ali Mistry v. Md. Hedeyetulla (1979) 31DLR (AD) 183. Lawyers Involved: B.C. Pandey, Advocate-on-Record—For the Appellant. B.B. Roy Chowdhury, Adv......, Advocate-on-Record—For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondents. Civil Appeal No, 167 of 1978 (From the Judgment and Order dated 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) J..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. .................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of 1979). Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on......: K. Hossain CJ.- In this appeal a preliminary objection has been raised by the learned Additional Attorney General that the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge D..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents Judgment February 25, 1980. Lawyers Involved: Asrarul Hossain, Senior Advocate with Md. Rafiqul Islam, Advocate instruc......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. .....................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-F......ad ever accepted the rent from the plaintiffs. The findings of the trial Court were not reversed by the appellate Court, after giving the reasons for its decisions, as required under rule 31 (c) of Order XLI of the Code of Civil Procedure. As they have materially affected the decision in the matt..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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. ......……........Accused-Appeallant Vs. The State………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instru......ellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 1..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......ary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supre......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....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. ......t. if solatium or compensation' is paid only in consideration of the 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 ......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
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......q and others..........................................................Respondents Judgment April 9, 1971. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi A......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......n.......................Appellant Vs. The State...............................Respondent Judgment January 29, 1973. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abd......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
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. .....................Appellant Vs. Naziruddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having bee......Vs. Naziruddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 19..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. ......proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: M. H. Khandakar, Attorney-General, instructed by Abdul Matin Khan Chowdhury, A......nt on call. Hence the suit is taken up for ex parte hearing. P.W. 1 Abdul Wadud is examined. Documents are marked Exts. 1, 2, 2(a), 2(b), 3-3(j) for the plff. claim is proved. C. F. are correct. Ordered That the suit be decreed ex-parte with cost for Rs. 1, 72,317.70 only towards the balan..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. ...... 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. Pakistan, 14 DLR (SC) 17. Lawyer Involved: Asrarul Husain, Senior Advocate, M. Zahir, Advocate with him, instructed by Amin.................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer..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. ......uld not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A. Munshi, Advocate, with him) instr...... 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. ..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. ......n was not made by way of penalty……(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 M......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. ..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. ......ce of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail Ali A. Rahman, Senior Advocate, Supreme Court, instructed by Hyder Baksha......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. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... 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. ......districts of Punjab to implicate almost all able bodied family members of a person accused of murder to look after the case, may prejudice the prosecution of the present case………………(6) Lawyer Involved: I. U. Haque, Advocate, instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Recor...... 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
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