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State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....about the confessional statement of Ashraf and he also heard from Ashraf directly about the said killing. He said that he might have given the statement on 30.05.2003 to the police and he could not remember when Ashraf made confessional statement. Ashraf made confession at Madh Nagar College and at ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
.... circumstances, the local leading gentlemen formed a managing committee on 20.11.68 with Mr. Abdul Haque, the Ex‑Chairman of Baliati Union Council as President and Mr. Madhu Mia as Secretary with 9 members to help the Committee and the appellant No.2 Ramendra Nath was an active member of the said ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......ther. 3. The facts, leading to the writ petition, are that the writ petitioner was born on 30.11.1946 and passed his matriculation examination from Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....it must a fortiori follow that a Judge of e High Court, sitting singly, has jurisdiction under section 151, Code of Civil Procedure, to vacate an order passed by a Division Bench, of which he was one member, provided the issue whether the order was obtained by fraud, properly comes up before him. In...... provisions expressly excepted, shall apply in the exercise of the writ jurisdiction by the High Court under the said Article.
12. This question was exhaustively dealt with by the Supreme Court of Pakistan in the case of Hussain Bakhsh Vs. Settlement Commissioner Rawalpindi reported in 1970 PLD (......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ed in law in not holding that the suit filed by the plaintiffs was barred by constructive res judicata. 12. The appellant contends that the previous judgment passed by the then High Court of East Pakistan, Exhibit-(M-2), has not at all been considered by the High Court Division in disposing of t......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....egistrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such, section 193(6) contemplates conducting of hearing with a view to consider a member’s application seeking re-instatement as a Director in order to find out whether she has bee......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....rrendering Pakistani passport to the authority concerned, thereafter the petitioner has been permanently residing in Bangladesh considering himself a citizen Bangladesh by birth; that on 27.5.80 some member of the Parliament inquired from the Government about the stay of the petitioner in Bangladesh......pondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (AD) 143; Government of East Pakistan Vs. Nur Mohammad, PLD 1964 (SC) 451; Abdur Rahman, Advocate Vs. The Collector and Deputy Co......during the war of liberation and he continued to be a citizen of Pakistan; that Armed Cadre of Jamaat‑e‑Islami such as Rajaker, Al‑Badr and Al‑Shams were placed under the disposal of Pakistan Army in the then East Pakistan during the war of liberation; that as the petitioner had actively par..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... Bangladesh, may be appointed as a Chairman or a Member of a Tribunal and the incumbent Chairman and one of the Members of the Tribunal are the sitting Judges of the High Court Division and the other member of the Tribunal is qualified to be a Judge of the Supreme Court of Bangladesh and as per sect......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....on to establish an independent Judicial Appointment Commission (JAC) to recommend candidates for judicial appointment on a more transparent basis. The Judicial Appointment Commission comprises 15 members, including a Chairman, who come from various vocations and professions. A Committee is selec......er 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Association Vs. Union of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268; Malik Asad Ali Vs. Federation of Pakistan, PLD 1998 Supreme Court 161;Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahabb-ul-Kh......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....d workers of the Bangladesh Nationalist Party were running hither and thither when two workers sustained injuries due to explosion. The Party Workers present there told that before the occurrence the member of Parliament and Whip of Ruling party Mr. Mirza Azam was found passing the front of the offi......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......ioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority,......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....etitioner. 2. Facts relevant for the disposal of this petition are succinctly stated below: 3. The Judicial Service is not 'service' in the sense of employment. The Judges are not employees, as members of the Judiciary, they exercise the sovereign judicial power similarly as the members of t......f is all the more necessary with an eye to uphold in their rank, priority and status in public perception and that the impugned Warrant of Precedence is fundamentally different from those of India, Pakistan and USA. 8. It is contended on behalf of the petitioner that claiming precedence by on......rs of judicial service holding equivalent judicial posts of District Judges, Additional District Judges, Chief Judicial Magistrates and Chief Metropolitan Magistrates in the table above the Chiefs of Army, navy and Air Force and the Secretaries to the government while it remained silent about other ..Category: Constitutional Law | Date: | Hits: 441
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......ribed below known as properties of M/s. Bhajalal Todi and Satyapada Todi, 150/152, B.K. Road, Narayanganj was declared as Enemy Property (Jute) after the war of 1965 as per Rule 182 of the Defence of Pakistan Rules. Its assets and liabilities including maintenance and management were vested in the......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
..
Category: Property Law | Date: | Hits: 82
State Vs. Kazol, 2011, 40 CLC (HCD)
....f the accused persons from such time onwards. Mr. Chakrabortty relies on such extracts of the Section 164-statements as lend credence and assurance to such general state of affairs. Taposh’s family members, especially his father the P.W.3 informant and his mother Shanti Poddar the P.W.6, having so...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
....dia migrated from Gazipur, India to the then East Pakistan now Bangladesh on 25.9.49 for permanent settlement. Since then he has been living in Bangladesh as a permanent resident and citizen with the members of his family. The petitioner obtained a certificate of domicile to that effect from the Dis......uthority and to be of no legal effect.
2. The case of the petitioners as follows:
That heirs a Bangladeshi citizen who after the partition of India migrated from Gazipur, India to the then East Pakistan now Bangladesh on 25.9.49 for permanent settlement. Since then he has been living in Bangla......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
..
Category: Property Law | Date: | Hits: 86
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......he conclusion of the High Court Division in the said case was upheld by the Appellate Division entirely on a different ground. 6. It appears that section 19 of the Customs Act, 1969 was amended in Pakistan by Ordinance No. XXX of 1979 by inserting sub‑section (2) in section 19 of the said Act t...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
..... It was headed by the Chief Metropolitan Magistrate along with a Magistrate 1st. Class, Assistant Military Secretary to the former President Mr. HM Ershad being Col. Atiqur Rahman and others and the members of the said committee also included Mr. Mustafizur Rahman, a businessman and relation of the......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......on of the former President HM Ershad and found in his ownership at other place, in grand total , come; to Tk. 2,94,86,765.67 paisa. It has been stated in the charge sheet that he as an officer of the Army before he became the President of the country, had earned Tk. 20,51,991/72 paisa, as a Presiden..Category: Criminal Law | Date: | Hits: 125
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......hese dues have been fixed, determined and established in accordance with law. In support of his submission, Mr. Khandker has cited the decision on the case of Miah Mohammad Latif Vs. Province of West Pakistan, through the Deputy Commissioner, Khairpur and another reported in 22 DLR (SC) 98, Hannaco ......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....es: “24. A review lies only when the alleged error in the judgment is so evident that it can be established without going into elaborate arguments and the factual matrix of the case. It may be remembered that a review in counsel’s mention cannot justify review of the verdict. No doubt the cou......R 1964 S.C.1372; Ekushey Television Ltd. and another Vs. Dr. Chowdhury Mahmood Hasan and others, 55 DLR (AD) 26; Lt. Col. Nawabzada Muhammad Amir Khan Vs. The Controller of Estate Duty, Government of Pakistan, Karachi and another, PLD 1962 SC 335; Zulfikar Ali Bhutto Vs. The State, PLD 1979 SC 741; ......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
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