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Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... No.479 of 1978. His case was that he joined the PIA in 1961 and eventually he was promoted to Grade-VII as Senior Administrative Officer at Karachi just before the war of Liberation. He escaped from Pakistan in July, 1972 and reported for duty to Bangladesh Biman and by an order dated 12.10.73 he w......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......h has since then been in peaceful possession of the land after reclaiming and improving the same at a huge cost. In 1969 the management of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162)-Board/69 dated 4-12-69 as an enemy property. After liberation of the c......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
....5 of 2006 the writ petitioners, being tenants under the Waqf Administrator of Property of the Ainuddin Haider and Faizunnessa Waqf Estate, challenged the action of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an application ......llenged in the civil Court. The suit was decreed in favour of the plaintiffs claiming the land of the Waqf Estate. The matter went on appeal to the High Court and, thereafter, to the Supreme Court of Pakistan where the plaintiff's claim was established. Before us, initially the respondents claimed t......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....f Nirmal Chandra Mondal, of village Gajalia, Dumuria, Khulna, the present Chairman, took chanda Tk. 33,000/-(subscription obtained by force) from the informant; that earlier the accused was an active member of Mrinal Bahini and he got himself elected as Union Parishad Chairman by adopting forceful m......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......ioner Vs. Fakruddin and another.......................Opposite parties Judgment October 15, 2009. Result: The Rule is discharged. Cases Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR 57; Jadunandan Gope Vs. Syed Nazmtizzaman, AIR 1957 Patna 560; Ram Pravesh Singh Vs...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....rrested the accused, recovered the arms and weapons, lodged the ejahar and investigated the case. The testimony of a police man cannot be discarded simply because he belongs to police force or, was a member of the raiding party. 10. Our common experience is that in most of the arms cases, the sei......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......Nadu Vs. Ramalinga Samigal Madam, (1985) 4 SCO 10, Dhulabhai Vs. State of MP (1968)3 SCR 662; AIR 1969 SC 78; Secretary of State Vs. Mask & Company, 671A 222; AIR 1940 PC 105; MH Joarder Vs. East Pakistan, PLD Dac 648; M/s Sekander Jute Bailing Ltd. Vs. Sonali Bank and another, 18 BLD (AD) 268; ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....on and his job was made permanent on 07.01.1987. He continued in employment to the satisfaction of the employers and was duly promoted to the higher post of Buse Person. In addition, he was elected a member of the Adhoc Executive Committee of the Sonargaon Hotel Sramic-O-Karmachari Union (SHSOKU) in......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....ecifically in sub‑sections (2) and (3) of section 23 of the Ordinance of 1985. But this, in our opinion, does not mean that the provisions of the Family Courts Ordinance, 1985 are applicable to the members of the Muslim Community only and not to other communities which constitute the populace of B......r section 488 CrPC and to grant maintenance which is a Family Courts matter now." 10. In this judgment the learned Single Judge has taken into consideration the provisions of section 5 of the West Pakistan Family Court Act, 1904 and section 5 of Ordinance No XVIII of 1985 which is our law. The le...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... for corruption and criminal misconduct.— Whoever, being a Vice-President, Minister of State or Deputy Minister, Speaker or Deputy Speaker, Member of Parliament Chairman, Director, Trustee, member or officer of any local authority, statutory corporation or body corporate or of any othe......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......nd as such the right, title and interest of the defendants if any had been extinguished by the advance possession of the plaintiffs. 9. Special leave to appeal was granted by the Supreme Court of Pakistan on the question as to whether, having regard to the provision of section 48(g)(3) of the Be......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
....successor in interest of persons who have acquired such a right;
(2) "Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by servants or labourers or with the aid of partners, and includes also the......M Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 1977.
Result:
The appeal......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....elevant for disposal of the appeal, in brief, are that one Ataur Rahman (P.W.1) made an oral ejahar with Naogaon police station on 20.1.1994 alleging inter alia, that at the previous night he and the members of his family were sleeping. At about 3.15 a.m. his father (P.W.7 Jarip Uddin) cried out as ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
....566.51, while the present petitioner, as respondent, not only denied the claim, but made a counter claim for Taka 161,75,29,583 along with interest @ 16% Per annum on the awarded sum.
3. The three-member Tribunal comprising of Mr. Justice MH Rahman, a former Head of the Caretaker Government and f......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....others in BRAC School Club at Jurain Balur Math. He further stated that on that day at 7.15 PM while he was talking in the office of the shop owners co-operative society at Jurain Bazar with other members of the society he received a telephone call of the deceased, who informed him that he was i...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
.... the petition itself. It is stated in the affidavit-in-opposition that the detenu was directly involved in the conspiracy to kill the then President of Bangladesh Sheikh Mujibur Rahman and his family member and some other outstanding leaders of the country on 15th August, 1975 in consequence whereof......s, Government of Bangladesh. The detenu joined the Military Academy at Kakul for 46th PMA Long Course in April, 1970 and he was commissioned as a Second Lieutenant on 19-9-71. He was repatriated from Pakistan in December, 1973. On his return from Pakistan, the detenu was posted to 1st Bengal Lancers......0 and he was commissioned as a Second Lieutenant on 19-9-71. He was repatriated from Pakistan in December, 1973. On his return from Pakistan, the detenu was posted to 1st Bengal Lancers of Bangladesh Army at Dhaka and thereafter he was promoted to the rank of temporary Captain in 1975. In April, 197..
Category: Criminal Law | Date: | Hits: 76
....hts of the citizens whose consequent engagements against the Government is protracted costly and oppressive litigations do not eventually serve any useful purpose either for the Government or for the members of the public the only beneficiaries being some capricious officials and the paraphernalia.
......Dhaka who is defendant No.2 in the suit and himself conducted an enquiry in the VP Case himself found on local enquiry that Lakshman Mondal had died in this country as a citizen of the erstwhile East Pakistan and he never migrated to India and since Lakshman’s death plaintiff Moran Mondal has been......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......rom whatever source derived which- (a)……………………. (b) if such person is resident in Pakistan, during such year. (i) Accrue or arise or are deemed to accrue or arise to him in Pakistan during such year or …" 13. The question is whether such commission "accrued or arose......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......ted property as the original owners left this country before 1965 and that the Government rightly prepared Census List in Pursuance of Notification No.6199 dated 3-12-1965 issued under the Defence of Pakistan Rules published in the Dhaka Gazette dated 4-12-1965 and then the SA and RS records were ri......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
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