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Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; R......bdul Wadud Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....; This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of......;   Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………………Petitioners Vs. Abdul Halim Molla & others…………………&hell......for pre­emption are affirmed. In the facts and circum­stances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89.   ......for pre­emption are affirmed. In the facts and circum­stances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89.   ..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....is rule has been referred to this Bench by the learned Chief Justice for a decision since contrary vie­ws with regard to the question whether an ap­plication for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of...... (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment Decemb......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Dr. Abu Ahmed Chowdhury…………………Petitioner Vs. Bangladesh represen­ted by the Secretary of the Ministry of Health and Population Contr......assing such an order under section 9(2) of Act XII of 1974. In this connection it may be noted that two other professors were also singled out, one Dr. Nurul Islam and the other one Dr. Sk. Abdus Sobhan and these three officers were picked and chosen for retirement without assigning any re......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....pellate Jurisdiction) Present: Muhammad Habibur Rahman J Mustafa Kamal J Nabir Md. @ Nabiruddin…………………Appellant Vs. The State....................................Respondent Judgment November 10, 1981. Resul...... (Criminal Appellate Jurisdiction) Present: Muhammad Habibur Rahman J Mustafa Kamal J Nabir Md. @ Nabiruddin…………………Appellant Vs. The State....................................Respondent Judgment November 10, 198......he house of deceased matiar Rahian. Acquitted accused Emaj caught hold of P.W. 1 Abdur Rouf and started giving him fists and blows. P.W. 1 Rouf raised alarm. Acquitted accused Serajuddin, Fazuruddin, Abdus Sattar and Azizul Huq appeared and started assaulting him. Accused Emajuddin snatched away the......ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....ammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State……………………………&hellip......ent: Mohammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State…………………………&h......adesh. He was also acquitted of the charge under section 364 of the Penal Code read with Article 11 (a) of the said Order for abducting and attempting or abetting the abduction of the informant P.W.1 Abdus Sattar in order that P.W.1 might be murdered or might be so disposed of as to be put in danger....../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

.... 378); Province of Ontario Vs. Attorney-General for the Diminion of Conada, (1912 AC 571); Bangladesh Vs. Jahangir Hossain (1981 BLD (AD) 378); Khondkar Ehteshamuddin Ahmed @ lqbal Vs. State, (1981 BLD (AD) 107); Anisminic Vs. Forcing Compensation Commission, ((1969) I All E. R. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants  Vs. Bangladesh & Others………………… Respondent ......p;…………Appellants  Vs. Bangladesh & Others………………… Respondent  And Abdul Mittaleb on Behalf of Abdus Satter (Captain)………Appellants  Vs. Bangladesh & Others&hel......lip;………Appellants  Vs. Bangladesh & Others………………… Respondent  And Abdul Mittaleb on Behalf of Abdus Satter (Captain)………Appellants  Vs. Bangladesh & Others…&h..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

.... 18. When the Government acquires land for its own purpose or for the purpose of a statutory body then the scope of enquiry into public purpose is limited. Co-operative ownership however, is not State ownership nor is a public enterprise. Article 13 of our constitution recognises co-o......sdiction) Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration,......sh, through the Secretary & others...............Respondents Judgment August 19, 1981. Result: The Appeal is allowed Cases Referred To- Province of East Pakistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan 12 D. L. R. (Dacc......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

..... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ...... (Special Original Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Managing Partner, Messrs, Bank Line Na­vigation Company.............Petitioner Vs. Chairman, Second La­bour Court, Dacca & another…….Respondents (In Wri....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....rt; or e) uses a passport which he knows or has reason to believe to be forged, altered, or tampered with; or f) is in wrongful possession for any purpose prejudicial to the interest of the State of a passport not lawfully issued to him; or g) traffics in passport :shall be punished w...... Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Minist......1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Bengal Water Ways Ltd & Another

....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ...... CJ Chowdhury A.T.M. Masud J Abdur Rahman Chowdhury J Bengal Water Ways Ltd & Another……………………….Appellants  Vs. Rahimuddin Ahmed & Others……………………&h......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....p;…………………(8) Cases Referred to- Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, 19 D.L.R. (SC) 483; A. G. Maline Vs. the State, 19 D.L.R. 381; Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12 D.L.R. ......1982) 49   ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ......n (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....t the Bank went into liquidation in July 1957 in which connection a winding up proceeding being Matter No.7 of 1957 started. It was further contended that the Liquidator of the Bank, namely, the then State Bank of Pakistan, reconveyed the suit land to the sons of Prohllad by executing a registered s...... Present: Fazle Munim, J Ruhul Islam J Shahabuddin Ahmed J Kanak Chandra Das & Others…………………….Appellants Vs.  Basiruddin Khan & Another…………………......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......ent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Registrar, University of Dacca…………………Appellants  Vs. Dr. Sajjad Hossain And University of Dacca………….Respondent  ......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ...... (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....is section simply says that tax includes rates, tolls and fees. What is has been left to be understood in its ordinary meaning which is that tax is an impost leviable by or under the authority of the State. Section 33 of the said Ordinance empowers the Municipal Committee to levy, with previous Sanc......erred by the Khulna Municipality which, however, was not proceeded with and was disunited. The High Court Division relied on the deci­sion of this Court in the case of American Life Insurance Co. Vs. Dacca Pourashava, re­ported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the ra......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....ellip;opposite parties Abdul Karim…………………………………..........Petitioner Vs. Shafiqur Rahman & State……………..........opposite parties Judgment March 4, ...... (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rah­man & state……………opposite parties ...... afore­said articles and Eksir Mia to the house of accused Tofel Ahmed where accused opposite party No. 1 and accused Gyasuddin were waiting. Thereafter, opposite-party No. 1 took Eksir Mia & Abdus Sobhan to the Thana where he record­ed a GD. Entry on some false and imaginary allegations......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)

....;8 of the Ordinance to direct the appellant to amend its memorandum of association by deleting clause 3(36). He submitted that the aforesaid provision of Law in Section 8 recognise the State power to control foreign trade. Besides, under the provisions of International Convention refe......ssain CJ Fazle Munim J Ruhul Islam J  Badrul Haider Chowdhury J Bangladesh Steamer Agents Association………………….Appellants Vs. Bangladesh…………………………&hell......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ..

Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ...... Fazle Munim J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Assessing Officer, Narayanganj Range, & Others……………….Appellants  Vs. Burmah Eastern Limited………………………&......dy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, inst......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0