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Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....wo years: Member (iv) Federal Minister for Law and Justice: Member (v) Attorney-General for Pakistan: Member (vi) a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years: Member (3) Notwithstanding anything con­tained in clause (1......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..

Category: Constitutional Law | Date: | Hits: 228

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....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. ......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..

Category: Constitutional Law | Date: | Hits: 441

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....o.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and perma­nent injunction, alleging inter alia that the lands covered by the impugned deed belonged to Abdul Barek and Abdul Mannan (vendors) who proposed to sell the same and the plaintiff agreed to pur­chas......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....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: ......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 ..

Category: Company Law | Date: | Hits: 203

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

.... These were folded therein and each of those bundles were tagged with a seal of a Bank and the names of the Banks were in those Bank seals and the seals were of the Bangladesh Bank, Janata Bank, Al‑Baraka Bank and other banks and those notes in bundles were prima facie withdrawn from those Banks a......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..

Category: Criminal Law | Date: | Hits: 125

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

.... No.1 of 1988 was stayed. The order of rule and stay was passed around 11-00 AM and the petitioner's learned Advocate Mr. Md. Abdur Rahim issued a certificate to this effect on the printed pad of the Bar Association of this Court which is quoted below: SUPREME COURT               ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....ined confession from the condemned prisoners by merciless beating and torture. It was also the case of the defence that the condemned prisoner Akhtar Hossain was brought from the place of his work at Baradi Bazar and at the instance of the interested quarter he was handed over to the police who by t......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..

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. ......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. ..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...

Category: Criminal Law | Date: | Hits: 80

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....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. ...... 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; ..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....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: ......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..

Category: Employment/Service Law | Date: | Hits: 115

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....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. ......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..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357...

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....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. ......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..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..

Category: Procedural Law | Date: | Hits: 105

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....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. ......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..

Category: Property Law | Date: | Hits: 68

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....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. ......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..

Category: Employment/Service Law | Date: | Hits: 155

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..

Category: Business or Commercial Law | Date: | Hits: 267

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....e of AR Shaw Vs. The Diamond Rock Boring Company Ltd. 1877 QB Division (Vol. 11), 463 and submits that their Lordships observed as follows: Regarding jurisdiction of this Court: "The Lord Chief Baron read the later part of section 35. I cannot imagine any language better adopted for conferring......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..

Category: Company Law | Date: | Hits: 159

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

....Involved: S A M Mahbub Elahi, Advocate ‑ For the Petitioner. Md. Mostafa, Advocate Party ‑ For the Opposite Party. Civil Revision No.818 of 1990 (Dhaka) Civil Revision No.170 of 1986 (Barisal) With Civil Revision No 826 of 1990 (Dhaka) Civil Revision No.202 of 1986 (Barisa...... to have been made under Ordinance No. XXXIII of 1961 and hence the present suit comes within the mischief of the section. Inviting my attention to the decision of the Judicial Committee of the Privy Council in the well known, case of Secretary of State Vs. Mask, AIR 1940 PC 105, an argument has, ho..

Category: Civil Law | Date: | Hits: 84