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M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....al Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another………………………&helli...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………&hell......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......sult: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Saadat Ali Khan—For the Respondents. Writ Petition No. 495 of 1974. In the matt..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved...... Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigation Co. and others………………&he......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

.... A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20, 1977. Result...... ABM Husain CJ A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. .............Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20, 1977. Result: The appeal is allowed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocat..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....nal Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment De......ial Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Abdul Majid................................................Plaintiff-Appellant Vs. Bata Shoe Company through its Provincial Controller, Defendant.......Respondent Judgme......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ...... Vs. Bata Shoe Company through its Provincial Controller, Defendant.......Respondent Judgment August 28, 1976. Result: This appeal is allowed. Lawyers Involved: Md. Nurul Huda—For the Appellant A.K.M. Siddique for Hafizullah—For the Respondent...

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Re­public of Bangladesh) and others............................Respondents Judgment August 24, 19......sion (Civil Appellate Jurisdiction) Present: Sayed Mohammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Re­public of Bangladesh) and others..........355.   ......ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

....mand to furnish Bank guarantee having been made in pursuance of public notice and not under the aforesaid S.R.O. 49 (R)/66 or the act of 1950 is not validated under Section 7 or Act III of 1967. Bangladesh was substituted for the Govern­ment of Pakistan to undertake the rights and liabiliti......J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangla­desh) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 196......volved: K.A. Bakar, Attorney-General with Quasi Shafiuddin, Assistant Attorney-General Instructed by M.R. Khan, Advocate-on-Record—For the Appellants (In all the ap­peals). Faqeer Shahabuddln Ahmed, Senior Advocate with Rafiq-ul-Huq, Senior Advocate & Shah Abu Nayem, Advocate......R (SFC) 385 ; Federation of Pakistan Vs. Tamizuddin Lhan, (1955) 7 DLR (FC) 291;Golam Zamin Vs. A.B. Khandker, (1964) 16 DLR 486; Mir Ahmed Nawaz Khzn Vs. Superintendent, (1966) 18 DLR (SC) 338; Md. Yusuf Vs. Chief Settle, & Reh. Comr (1968) 20 DLR (SC) 187; Wijeshiya Vs. Amit (1965) 3. AER..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....or sentencing a person to death or to transportation for life, an appeal lay as of right to the Appellate Division of the Supreme Court, as provided under Article 103 of the Constitution of Bangladesh. 67. Under new section 30 appeals lay to the Appellate Tribunal (one membe......nt: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29,......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......Court Division (Criminal Appellate Jurisdiction) Present: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State....................

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....t Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Assoc......Syed A. B. Mahmud Hussain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Association................Respondent Judgment May 17, 1......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ...... Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Karnaphuli Rayon and Chemical Ltd... .........................Appellant. Vs. The Collector of Central Excise & Land Customs, East Zone, Chitttagong & anotherâ€...... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ...... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....ing of Section 36(2) (b) of the Special Powers Act and in support of his contention he relied on the decision of the Appellate Division of this Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......p;……………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and 93 in 27 D.L.R.; Baliah Vs. Rangacha..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh…………...............Respondents Judgment September 2,......eme Court High Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh……&......dash;I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ...... The Rule is, accordingly, made absolute; We, however make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ......urt Division (Special Original Jurisdiction) Present: Fazle Munim J  Shahabuddin Ahmed J Md. Shahabuddin ………………Petitioner Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Bu......lso Reported in: 27 DLR (1975)(HCD) 649       ......1975)(HCD) 649       ..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....(Special Original Jurisdiction) Present: Fazle Munim J S. Ahmed J The College of Music ............................Petitioner Vs. Secy. Revenue Depart­ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment Ju......; ......thout lawful authority. We may have mentioned about some religious principles but they do not form the basis of his order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487 ......desh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment July 30, 1975. Result: The rule is discharged Lawyers Involved: Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner. M.M. Haque, A.A.G.—For Respondent No. 1 and 2. ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....pondents. S.M. Nurul Alam—For Respodt. Nos. 3-4. Petition No. 1231 of 1974 In tie Matter of:(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article ......ourt Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment J......dash; I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ...... (Civil Revisional Jurisdiction) Present: Ruhul Islam J A.S. Faizul Islam Chowdhury J M/s. Friends Corporation Dacca…………….....Applicant Vs. Commissioner of Income Tax……………………....... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home   Affairs,  Govt. of Bangladesh, Eden Bu­ildings, Dacca. 2. Sub-Divisional Ma­gistrate, Sadar (North) Chitta......Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home  ....... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....d when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as ...... ......s Case is also Reported in: 27 DLR (HCD) (1975) 577      ............ Petitioner Vs. Election Tribunal, Patiya ........Respondents Judgment June 13, 1975. Result: The Rule disposed of. Lawyers Involved: Ahamad Sobhan with Md. Fazlul Karim, Advocates—For the petitioner. Farmanullah Khan, Advocate—For Res&..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

....hese sub-centers which were conducted peacefully, the Presiding Officer declared the petitioner elected Vice-Chairman of the Union Panshad. The result of the election was accordingly published in the Bangladesh Gazette as per rule 43 of the Union Parishad and Pourashava Election Rules, 1973. The res......) Present: Fazle Munim J Shahabuddin Ahmed J Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram......ported in: 27 DLR (HCD) (1975) 521       ......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521       ..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ......Present: K. Hossain J A. S. Faizul Islam Chowdhury J Bacha Meah………………………………....Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eastern Railw......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ........Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superinten­dent, Watch and Ward, P.E. Railway…&hel..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1