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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......n Parishad in 1978. On the morning of 3.12.78 he took breakfast in his home and came to the Union Parishad office situated at a distance of about 250 yards from his house. PW 4 Amanatullah was the Secretary of the said Union Parishad who arrived earlier in the office. Then came PW 5 Abul Hossain..Category: Criminal Law | Date: | Hits: 61
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......sp; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat, Dhaka and another ..............Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......p; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents ..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ...... ATM Afzal J Latifur Rahman J Ishaque Khan (Md) and another…………..Appellants Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawran Bazar, Dhaka………………Res..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ...... Latifur Rahman J Fazlur Rahman Molla ...................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ……………..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
.... appellant who was the Education Minister at the relevant time presided once over a Council Committee meeting (for purchase of ships) in the absence of the regular convener who, it is said, was the Finance Minister. No further fact is there about the appellant. 13. In the other case, inste......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......ssed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......provision for appeal except one to the Supreme Court, it was held that the Tribunal must be a worthy successor to, and a substitute of the High Court in all respects. The provision for appointment of Secretary to the Government of India as the Chairman of the Tribunal was struck down. Some guideline..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......se of an erroneous assumption that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai Khan 38 CWN 285 pointed out that for adverse po..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, PS Ramna, Dhaka ………..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... 1969, in brief, IRO, against the appellant Bank and its three officers. He was employed as a Sub‑Accountant in the international Division of the Head Office of the Bank. He was also the Organizing Secretary of the Pubali Bank Karmachari Sangha. He was promoted to the rank of an officer by an..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......tial Law Regulations 1975. The Government filed two memoranda, marked as Annexure 1 & 2 to the Affidavit‑in‑Opposition. Annexure 1 is an order dated 9th February, 1991 of the Deputy Secretary (Security) of the Ministry of Home Affairs, copy of which was forwarded to the jail autho..Category: Constitutional Law | Date: | Hits: 365
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......d. When the mailer came up on 1-3-68 for hearing before a Division Bench, a Rule, suo motu was issued by it against Captain M. M. Haque, Chairman, Naranyanganj Municipality, Md. Khurshed Alam Khan, Secretary, Naranyanganj Municipality and Nurul Islam Sikdar, Head Assistant Basic Democracy Section,..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......nst an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association registered under the Society Registration Act ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......ellip;………....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Ro..Category: Procedural Law | Date: | Hits: 99
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......e unit in favour of its owner subject to future Govt. over all industrial policy. The owners are allowed to operate the unit including normal operation of Banking accounts. Sd/- K. A. Zaman, Secretary, Ministry of Industries. Thereafter on 3.3.72 the management of the Company was directe..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......king the Company to follow Central Excise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Company appears to have submitted an application to the Secretary, Central Board of Revenue, Government of Pakistan, on the 13th December, 1968 praying for..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......espondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; Venkata Kumara Mahipati Suryarao Vs. Secretary of State, L.R, 56 LA. 223 = 33 C.W.N. 725=A.I.R. 1929 Cal. 152; Ramji Patal Vs. Rao Kishor..Category: Tenancy Law | Date: | Hits: 68
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....that the question in substance is covered by the decision of the Supreme Court Pakistan in the case of United Netherland Navigation Co. Ltd. The Evacuee obtained leave on the ground that the Finance Act, 1967 amended Income Tax Act inter alia by introducing the words 'in Pakistan' after th......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......s a Civil Court, and when the section clearly directs him to act judicially. 9. Mr. Khandker Mahbubuddin Ahmed has referred in support of his contention the case of Nuruzzaman Vs. The Secretary Education Department, Govt. of East Pakistan'(1965) 17 BLR 46 P. L. D. 1967 Dacca 179, w..Category: Property Law | Date: | Hits: 43