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MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......5 contained in Annexure –I to the petition, the petitioner filed this application and obtained the present Rule. 3. It appears from the record that the petitioner joined service in the then East Pakistan Water & Power Development Board as a Lower Division Assistant in the office of the Chie......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....ffidavit sworn before a Magistrate on 27-4-86 has been filed to show petitioners allegience to Bangladesh. He also submitted the voter list of the area to show that the name of the petition and other members of his family appear in the list as voters. All these facts and Government records clearly i......tition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chowdhury and 58 others Vs. Province of East Pakistan and Secretary, Finance and Revenue Department, Government of East Pakistan, 9 DLR (SC) 21; ....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....own. The Additional Attorney-General appearing on behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplined force and the impugned orders relate to the terms and conditions of servic......12-1997 and promoting him to the rank of Lt. General under Notification No.1-Pa-2/90/D-18/131 dated 3-6-1997 of the Government of Bangladesh, Ministry of Defence. 3. The petitioner joined the then Pakistan Army in 1962 and was graduated from the Kakul Military Academy with distinction. Subsequent......his petition he impugns the notifications Nos.1-Pa-2/D-18/227 dated 27-8-1994 and 1-Pa-2/90/D-18/299 dated 27-8-1994 appointing Major-General Abu Saleh Mohammad Nasim as Chief of the Staff Bangladesh Army with effect from 31-9-1994 and promoting him to the rank of Lt. General under Notification No.1..Category: Employment/Service Law | Date: | Hits: 244
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......r, Karachi purported to withdraw the prosecution against Mahboob Ahmed in exercise of his powers under sub-section (4) of section 10 of the Criminal Law (Amendment) Act read with clause 5 of the West Pakistan Administration (Merger of the Federal Territory of Karachi) Order, 1961. The Karachi High C......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....view on application by the manufacturers, by the Review Board constituted under sub‑section (6) of section 3 of the Act. The Committee was constituted with Mr. SB Awan, CSP as Chairman with 3 other members. The guiding principles, to be notified under sub‑section (4) of section 3 of the Act, on ......city taxes, is under challenge. 2. The capacity tax was recognised by the Constitution (6th Amendment) Act, 1966 by addition of Item i) to Entry No. 43 of the Third Schedule to the Constitution of Pakistan, 1962. By this amendment the Central Legislature was authorised to make laws in respect of ......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
....ona fide and that the said application under Section 34 of the Ordinance was not maintainable.
The Labour Court, of which Respondent No.1 was the Chairman, and Respondent No.2 and 3 were two other members, made an order on 18-4-73 holding that the said application was maintainable under section 3......voidance and settlement of any difference or dispute arising between them or matters connected therewith and ancillary thereto. At the time of the promulgation of this Ordinance there were three East Pakistani enactments, regulating the relations between employees and employer namely, East Pakistan ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.....1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, briefly, are as follows; The petitioner is a member of the Comilla Rifle Club, which is a member/affiliated club of the respondent no.1, National......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
..... 5. In course of trial, the prosecution examined the witnesses, namely, P.W. 1 Md. Mosharraf Hossain, the informant; P.W. 2 Shaikh Mashiur Rahman, a Sub-Inspector of Police deputed to RAB-5 and a member of the raiding party, which arrested the appellant; P.W. 3 Md. Mostafa Kamal Haider, a RAB pe...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Al......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....s such, we find difficult to accept the submission made by the learned Advocate of the Anti Corruption Commission that those decisions will not be applicable in the present case. Further it must be remembered that facts of case to case may vary but Ratio decidendi of the decisions will be applicable......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... and it cannot be denied that an abnormal situation was prevailing in this country during regime of passed so-called Care Taker Government and the Anti Corruption Commission had been used by the then Army backed Care Taker Government as an weapon for causing oppression upon the politician, businessm..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....le as to which provision of the Constitution it would amend. Such Bill is thereafter sent to the President for assent if it is passed by the votes of not less than two‑thirds of the total number of members of the Parliament Further clause (IA) to Article 142 requires that if any such Bill is passe......al concept of caretaker government run by the Prime Minister could not ensure free and fair election to the Parliament. Mr. Rafiqul‑ul‑Huq also tacitly argued by referring to Article 48(5) of the Pakistan Constitution that in Pakistan also there is a concept of a caretaker government system whic......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....ed being mixed in percentage with other chemicals. He has also stated that he has not ascertained the percentage of heroin in existence in the packet in his chemical examination report. He does not remember the percentage of chemicals to be mixed for the composition of heroin. He has also denied the......r of Indian Army revealed to be the main hero of the International Traffickers/Smugglers of Narcotics who once suffered imprisonment and had link with one Raju alias Troilochan of India and Kashem of Pakistan. It revealed from interrogation that Mr. Innocent has a friend named Jeff who was a Taxi Ca......lowed for 3 days only and in the night he was kept at Ramna Police Station. On 1‑4‑1990 he was interrogated and in the course of interrogation the name of one Mr. Bhola, a retired Major of Indian Army revealed to be the main hero of the International Traffickers/Smugglers of Narcotics who once s..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....used, the proceedings shall be stayed and the accused discharged. The significant point to remember is that the Court has been given no discretion in the matter. Another question which is to be remembered is that the Advocate General as the highest law officer of the State, as it then was, has ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......rance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
..... 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by sufficient number of members, Mr. Abdul Matin Khashru submitted that the said passage in the FIR divulges an inexonerable...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
...... No.37 of 1976).
Vs.
Md. Masood Reza and others................Respondents (In both the Appeals)
Judgment
June 30, 1977.
Result:
The appeals are dismissed.
Cases Referred to-
Pakistan Vs. Md. Niayamat-ullah Faruki, (1969) 21 DLR, SC 238; (1975) 28 DLR 350; Robertson Vs. Mini......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....ing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C. No.11276) stating, inter alia, that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate (E.C. No.11276) has been run and managed by members of writ petitioner's family since its creation. The first Mutwalli of the said Waqf Estate w...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
.... the partition and lived therein with his family till his death in 1971: that the defendant was neither a tenant nor a licencee under anybody; that after the death of his father the defendant and the members of his family continued to live in the suit premises, that Binodi Lal left Dinajpur for Indi...... is a fallacious one inasmuch as if power of attorney and deed of exchange can be executed and registered in India why should there by any bar in getting it executed in Bangladesh or in the then East Pakistan. 14. Now coming to the judgment of the trial Court I find that almost all the issues wer......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
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