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Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......at, late Rai Bihari Lai Maitra Bahadur, a resident of No.155, Lower Circular Road, Calcutta, West Bengal made a will on 5.7.1931 AD in respect of the khas lands of his Zamindary situated both in East Pakistan and West Bengal and appointed the Administrator General of the then Bengal in 1931 as sole ......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....ent Nos.4 and 5 inviting our attention to Article 38 of the Constitution urges that every citizen has right to form the trade union subject to reasonable restrictions imposed by law. In this case the members of the Pabna Zila Truck Chalak Union are citizens of Bangladesh. Their right to form associa......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....order for infringement of fundamental rights or any other law (but not the jurisdiction to strike down any law or rule on the ground of its constitutionality) was conceded”. 18. Here it may be remembered that in paragraph 49 of Mujibur Rahman’s case reported in 44 DLR (AD) 111 their Lordships......by an order dated 18-8-97 amending the previous Rule issued by this Court on 22-6-97. 2. The facts, as stated in the petition, are that, the petitioner was appointed as a Meteorologist in the then Pakistan Meteorological Department on 21-6-69 on the recommendation of the Public Service Commission......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..

Category: Administrative Law | Date: | Hits: 326

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... PLD 1980 Karachi 207; KM Shafi Limited Vs. Government of Bangladesh, 1983 BCR (AD) 155; Begum Khadiza Akter Banu Vs. AKM Amanullah, BCR 1985 (AD) 8; Muhammad Shagir Bhatti and Sons Vs. Federation of Pakistan, 10 DLR (SC) 169; Associated Engineering Co. Vs. Government of Andhra Pradesh, 4 SCC (1991)...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......the suit property for more than twelve years and the said property was never enlisted as vested property. The property was never declared as Khas land and the original recorded tenant Raja never left Pakistan and settled in India. He died in this country before 1965. The heirs of Raja used to collec......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....rtem report. 19. P.W.7 Dr. Md. Akhter-uz-zaman stated that he was the Head of the Department of Forensic Medicine Department of Dhaka Medical College. On 10-1-2004 a Medical Board comprising three members, of which he was the Chairman, held autopsy of the dead body of Joyanti Munshi, aged 38 year......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ..

Category: Criminal Law | Date: | Hits: 114

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and fair, on......on under Article 102 of the Constitution is not necessarily to be treated under civil, criminal or any other jurisdiction. The 'Writ jurisdiction' "in the language of Mr. AK Brohi, Fundamental Law of Pakistan, page 446" for want of better expression should be characterised as "Constitutional" Jurisd...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

....alf and on behalf of the whole community of teachers for vindicating public interest. It is stated in the petition that a great anomaly has been created by constituting the Selection Boards including members of Syndicate for nominating the Assistant Professors and Lecturers for appointment in variou...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......a settled law that before any property is treated as enemy property the authority concerned must prove that the owner, concerned migrated to India before the enemy property law namely, the Defence of Pakistan Ordinance and Rules, 1965 came into operation. The case of Abul Khayer Miah being dead his ......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....e between the public interest in one hand and the interests of the individuals on the other, having expectations based upon state­ments or consistent practice of the concerned authorities. All three members of the Bench, namely, Lord Wolf MR, Mummery and Sedley L. JJ, contributed in the judgment. ...... Memo dated 21-03-1972. The memo dated 31-04-1972 is based on a Memo dated 28-03-1969, issued by the Regulation Branch of Services and General Administration Department of the then Government of East Pakistan. The said Memo dated 28-03-1969 is earliest in this respect. It reads as follows (Annexure-......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..

Category: Employment/Service Law | Date: | Hits: 208

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......t the High Court can interfere where an error or defect in procedure is committed by the lower appellate Court. There is no dispute about the proposition of law. S.A. Rahman J of the Supreme Court of Pakistan after considering the decision of the Privy Council in the case of Mussummat Durga Choudhri......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...

Category: Property Law | Date: | Hits: 103

State Vs. Mohammad Salim, 2010, 39 CLC (HCD)

.... went to the place of occurrence. He took the dead body to the hospital for postmortem. He identified the accused Salim on dock. 22. In cross-examination he denied the suggestion that he was not a member of the police party or that he deposed falsely. 23. PW 7 Sub-Inspector Amulaya Das in his ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..

Category: Criminal Law | Date: | Hits: 118

Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

....es before P.W.1 Hafizuddin, P.W.3 Abul Kashem, P.W.4 Md. Jagat Ali, P.W.7 Ayesa Bibi, mother of the victim, sister Jamila, P.W.8 Nurjahan, wife of the victim, Fulbabar Bibi, P.W.12, wife of P.W.3 and member Nawsher Ali and others who were present at the place of occurrence. It has been further alleg......ted from the charge levelled against them and they shall 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) 246. ......ted from the charge levelled against them and they shall 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) 246. ..

Category: Criminal Law | Date: | Hits: 106

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....ach other that at the time of the alleged occurrence accused Dr. Md. Nurul Islam was holding a double barrel gun and accused Ashraful a single barrel gun in their respective hands while amongst other members of the unlawful assembly accused Yakub was holding a Teta by which he inflicted blow on the ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 93

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....nst the petitioner in the First Information Report of an offence punishable with death or imprisonment for life he is not entitled to anticipatory bail. He further submitted that petitioner not being member of any political party and his defeated rival not being in the least connected with the infor......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

....is locally known as a terrorist but in the grounds dated 10-5-98 detenu has been termed as a notorious terrorist, anti-social or anti-State element and a donation monger. He has also been termed as a member of the gang of smuggler and kidnappers. It has also been stated that he was a dangerous and t......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..

Category: Criminal Law | Date: | Hits: 72

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....d: “These manipulations must be brought to task in the interest of long term growth and development of the securities market in Bangladesh.” 13. Thereafter, on April 2, 1997 a meeting of he members of the SEC was held and in that meeting said report was considered and it was unanimously re......rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the same. Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing in securities. B......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......ginal holding the former co-sharers cease to remain co-sharers with right to pre­emption. This is a settled law; reference, if at all necessary, may be made to the deci­sion of the Supreme Court of Pakistan in the case of Begum Asia Rahman, 26 DLR (SC) 58 and the decision of the Court in the case ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....ached to Hazaribag Police Station of Dhaka Metropolitan Police on 26-3-2007 lodged First Information Report with Hazaribag Police Station against accused-petitioner Md. Nasiruddin Ahmed Pintu, former member of the Parliament, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...

Category: Criminal Law | Date: | Hits: 230