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Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......t to the Gazette Notification dated 24.8.77 (Annexure-D) issued by respondent No.1. The appellants case, inter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant No. 2. is the Managing Director ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
.... conclusion by the impugned judgment 6. In elaborating the above contention, he pointed out that the provision of Section 7(2) (f) of the Ordinance envisages that a candidate for Chairman or member of the Union Parishad will be disqualified if the candidate is a party to a contract for wor......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......eal are that the appellants and their predecessors filed the above Case No.566 of 1987 in the Court of Settlement Dhaka stating that their predecessor Md. Hanif migrated from India to the then East Pakistan along with his wife Aliman Khatoon and son Serajul Huq, the petitioner Nos.1 and 2 in the......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..Category: Property Law | Date: | Hits: 30
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
....the Parliamentary election on 1st October, 2001, some disgruntled elements started a campaign against the writ petitioner and also against the decisions of the Governing Body, headed by the 'former member of parliament and an application was made to the then Minister for Education on 27.12.2001 ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ..Category: Employment/Service Law | Date: | Hits: 74
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ...... same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. 4. The appellant Government and th......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......owdhury Tanbir Ahmed Siddiky............................Respondent Judgment March 18, 1997. Cases Referred to: Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......nciple of natural justice cited the decision in the case of Province of Sind v. Public at Large PLD 1988(SC) 138 wherein a Shariat Appellate Bench on reference to Article 203-D of the Constitution of Pakistan, 1973 observed that any provision of law where under some one can be harmed or condemned wi......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....p; suit was filed as a partition suit to establish title by circumventing Ordinance No.1 of 1964 which put restriction on the filing of any declaratory suit in respect of landed property of a member of minority-community, that summons of that suit was fraudulently suppressed in th......member of minority-community, that summons of that suit was fraudulently suppressed in that three of the defendants were already dead and most of the other defendants had left Pakistan for India long before the filing of the suit. 4. The allegations contained in......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.........Appellant Vs. Mrs. Nadera Rahman………………………Respondent Judgment April 2, 1985. Result: The revisional application is dismissed. The Waqf Ordinance, 1962 (East Pakistan Ordinance No. I of 1962), section 32 (3) The Limitation Act, 1908 (Act No. IX of 1908), ......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....in how such a big dagger could be concealed from the sight of the eye-witness to the occurrence. By seizure list Ext.4 a dagger had been seized by the police in presence of Serajul Huq and Nurul Huq, member, P.W.7. “ছুরিটা দারোগা seizure list দিয়ে জব্দ ......…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Dep......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ...... of the holding is found to have been elaborately discussed in the judgments of both the trial Court and the lower Appellate Court. It has been found by both the Courts that Priyabala left the then Pakistan and started residing in West Bengal from where she never returned to Pakistan nor did sh......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......Their importance cannot be whittled down. Nor can the Court give up even a fraction of this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (19...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......t in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence." In the same light the Supreme Court of Pakistan in the case of Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR SC 156, observed-that the ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......o. 397 of 1989. 6. Appellant's case before the High Court Division in his affidavit in opposition was that lessee Mr. Wali Mohammad and his two brothers including Abdur Rahman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties wit...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ellip;...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....lities for construction of houses in cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the appellant advanced loan to the members of the public on mortgage of properties and earned income from "Interest on Mortgage&q......lip;Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commiss......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... Vs. Jage Ram and others of Maddapradesh AIR 1971 (SC) 742; Messrs. Mackinnor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......had no saleable interest in the suit land to be transferred by subsequent court-sale - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legisl...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
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