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Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......e Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....mp; others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and condit......No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu Bhusan Bagchi and a...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......mstance leading to such declaration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy Commissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......nistry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faqir Muhammad, 10 DLR (SC) 168; An......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....usion by the impugned judgment. 5. 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......without any order as to cost. The impugned judgment 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. ......without any order as to cost. The impugned judgment 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. ..Category: Election Law | Date: | Hits: 108
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
.... 1985 and without awarding any minor penalty and without following the procedure as laid down in rule 6 illegally issued order dated 31.05.2003 (Annexure-R to the writ petition) forming three member inquiry committee for conducting an inquiry for conducting an inquiry for imposing major pen......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ty General Manager in the appellant-Bank which was established under the Bangladesh Krishi Bank Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental pro......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....72/-. The plaintiff has also produced duplicate challans showing payment of rent for the building in question till February 1980. The plaintiff has also produced Ext.4 the valuation statement of 5 member committee appointed by the Ministry of Works fixing Tk. 7,27,410/-. The plaintiff also produ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....es that the contract on the basis of which the suit was filed in the Munsifs Court, Krishananagar was written by one Nagendra Nath Ghose and the attesting witnesses to the contract belonged to the members of Nagendra Nath Ghose's community and all of them were citizens of India. But the plaintiff......schedule land to him yet he waited till 12.04.1969 to file the present suit when according to him Ghose brothers refused the transaction. It is on record that the Ghose brothers left the then East Pakistan in 1950 and never came back. The plaintiff did not specify how and when he went to India t......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... the petitioners company and as a result the respondent No.1 lost its entitlement to continue with their registration under section 7(2) of the IRO, 1969 for not having 30% of the workers as their members; the petitioner by their letter dated 15.4.88 having informed the respondent No.3 about the...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......tated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (hereinafter in short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporation stranded in Pakistan the prope......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......and after his death on 12.9.1943, Mollika Sundari Dutta, his wife, became the next shebait and she died on 4th Ashar, 1363 B.S. Out of six sons of the Janaki, Kali Kinkore Dutta died in the then East Pakistan and four others i.e. Kali Kishore Dutta, Kali Prosanna Dutta, Kali Sankar Dutta, Kali Bhusa......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....is of having at any time been in the service of Pakistan, purports to claim any right to employment in the service of the Republic, but does not include any person who- (i) is a member of any defence service (ii) is a teacher or employee of any University. ......r the time being, in the service of the Republic or of any Corporation, nationalised enterprise or local authority or who, on the basis of having at any time been in the service of Pakistan, purports to claim any right to employment in the service of the Republic, but does not...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....ted the Death Reference and allowed the appeals in part. The High Court Division commuted the sentence of death passed in respect of the convicts Idris Ali Sheikh alias Gandu Sheikh and Samad Mollah (member) alias Abdus Samad Khan to rigorous imprisonment for 10 years and to a fine of Taka 10,000 ea......d, in the background of provision of section 30 of the Evidence Act against an accused who was tried with confessing accused for the same offence came up for consideration before the Supreme Court of Pakistan in the case of Joygun Bibi vs State reported in 12 DLR (SC) 156 and it was held "the retrac......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....sions of the learned Advocates of both the sides and cited case. We find that the petitioner's basis of title is a registered deed from her vendor who claims the suit property by oral gift. Being a member of the Hindu Community by the alleged gift petitioner's vendor acquired no title in the suit......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 31
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....he General Rules and Directions for the Guidance of Contractors would be attracted which reads: — "1. In the event of the Tender being submitted by a firm, it must be signed separately by each member thereof, or in the event of the absence of any partner it must be signed on his behalf by a p......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....্ধ সময়ের জন্য ২% হারে পরিশোধ করিতে হইবে”। 8. Section 7(2)(g) provides for qualification and disqualification of the Chairman and member of the Union Parishad and sub-section (2) details the disqualifications for election or nomin......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Gov......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....la was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 was promulgated. Defendant No.1 being a member of the minority community was required to take permission under the said Ordinance for making...... kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kabala was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 was promulgated. Defendant No.1 being ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
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