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Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......e question of the nature and character of the document should have rejected the pre‑emption petition under Order 7 rule 11 CPC. On this point he has referred to the decision of the Supreme Court of Pakistan in the case of Abdul Wahed Vs. Mst. Jamrat, reported in 19 DLR (SC) 136. In that case it wa...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....8.12.91. Section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 clearly provides that "A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if he has defaulted in repaying any loan taken by him from any specified bank within the time......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... suit should be the "a declaration that the order of 10th, August, 1940, purporting to dismiss the respondent from the Indian Civil Service was void and inoperative and that the respondent remained a member of the Indian Civil Service at the date of the institution of the present action on 20th July......igh 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; Habib Khan Vs. The Federation of Pakistan, PLD 1954 Sind, 199; AIR 1948 PC 121; PLD 1948 PC 150; Ramesh Chandra Das Vs. Providence of......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. ..Category: Employment/Service Law | Date: | Hits: 71
....der or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Executive Committee (18 members in all), herein after referred to as the plaintiffs, has filed Title Suit No.49 of 2002 befo......mad Khan Vs. Bangladesh, 42 DLR 435; Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 329 and Bangladesh Vs. Abdul Hye, 56 DLR (AD) 53; Aminul Islam Vs. M/S. Kilburn & Co. Ltd. Pakistan,; Jinnat Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), ......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ould be sparingly used, more so when the Supreme Court itself has an interest in it. The duty to uphold and maintain the dignity of the Court is not merely of the press and the public but also of the members of the judiciary and the legal profession. The contemner respondents did not do anything tha...... who had not fair and even handed treatment in that Division. It appears to us particularly from the aforesaid portion of the judgment that the leaned Judges became touchy in the matter.” 22. In Pakistan, amended contempt of Court Act suggested that the following shall not amount to commission ......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: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....Constitution does not require that the applicant for a writ of quo warranto must be an aggrieved party. Any person may apply as the inquiry relates to a matter in which the public ire interested. Any member of the public acting in good faith whose conduct does not disentitle him to an equitable reli......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
.... Board held several meetings covering a period of almost three years and ultimately in its meeting held on 17.6.1991 (presided over by respondent No.2, the Vice‑Chancellor and attended by six other members) recommended the petitioner for appointment as Professor of the said Department on probation......:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of ......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.
..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....of Narcotics, or an officer subordinate to him as provided in sub-section (2) thereof. The learned Judges also failed to consider that the Government has the power to appoint a police officer, or a member of any other law enforcing agency otherwise competent under law to investigate a case. In t......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....dent No.1 terms and conditions as laid down in the two agreements. Petitioners were the real share‑holders like the respondent No.1 in the company. This was some sort of package deal in between the members of the same family. Petitioner No.1 and respondent No.1 signed the agreements as parties and......rdships held as follows: "We have set out the relevant provisions of law and the cases at length as not only this case was argued at some length, but also because we have not got many decisions of Pakistani Courts on this point though there is a large number of decisions of other countries, and w......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ements of the investigating agency of the said criminal case are absolutely mala fide in view of the fact that the petitioner contested the election of the Parliament and on being elected on 7.5.86 a member of the Parliament had, regularly, been attending the Sessions of the Parliament till 6.11.86.......ment of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government of Pakistan and another Vs. Dada Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs. Secretary of State, ......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... without lawful authority and to be of no legal effect. It appears that the Election Commission by Gazette Notification No.5(122)91‑Election 1/NA dated March 31,1991 published the names of 30 women members of the Parliament who were elected without a contest and accordingly whose names were publis...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ...... disobeyed was with jurisdiction (or without jurisdiction)". The said decision in the case of Sultan Ali Naghiana was referred to with approval and the same view was taken by the Supreme Court of Pakistan in the decision of the case Dr. M.O. Ghani Vs. Dr. ANM Mahmood, PLD 1966 (SC) 802. In the c......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....submission advanced by the learned advocate for the petitioner now we like to consider the evidences. 14. We have stated above that the prosecution has examined 7 witnesses. P.W.1. A. Rahman, a member of raiding party stated in his deposition that the occurrence was taken place at about 2.15 a......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
....iving the news of the incident concern Union Parisad Chairman Anarul Biswas and Union Parishad Member Sadak Ali were present along with the villagers at the place of occurrence and among of them U.P. member Sadak Ali lodged a G.D entry with the Mohespur Police Station about the incident and thereaft....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....f the room of the Hospital he saw Masum was lying on the bed in an unconscious condition and a saline was pushed in his vain. At 8:00 p.m. one nurse came to them while he was standing with the family members of Masum. The nurse asked whether there was any member of the family of Masum, then the moth...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......t. raising objection to illegal alteration of the scheme of the Trust. But as no action was taken on their representation he moved the High Court under Article 98 of the 1962 Constitution of the then Pakistan. The High Court dismissed the petition leading to filing an appeal to the Supreme Court. In......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331...
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....e Courts below should have taken into consideration some facts which are vital and important, including the fact that the suit land is an ejmali property and all the co‑sharers of the suit land are members of one family. The correct course for the Court should have been to satisfy itself that the ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....d is managed in accordance with its bye‑laws. In a meeting of the Managing Committee of the petitioner dated 16.7.92 the respondent No.5 was co‑opted in the Managing Committee in place of elected member Mrs. Jahanara Begum who was removed from the Managing Committee. The respondent No.5 was co......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....ith the condemned prisoner Nurul Haque, son of Ali Mia. The dead body was sent to the morgue, the police searched the house of Ali Mia in presence of the local Chowkider and the village defence party members but none was found there. The police thereafter received an information that the convicted a......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
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