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Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......le of the Bangladesh Collaborators Order, 1972 (President's Order No. 8 of 1972), hereinafter called the Collaborators Order on the allegation that they collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the s..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali an......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e is elected or appointed to any office mentioned in the Third Schedule of the Constitution. A naturalised citizen is, however, required to take oath of allegiance to the Constitution of the People's Republic of Bangladesh. To meet the requirements of the new situation that emerged out of the indepe......ave been staying abroad since before the liberation of Bangladesh and by their conduct cannot be deemed to be citizens of Bangladesh: And whereas the said persons have continued to be citizens of Pakistan: Now, therefore, the Government declares under Article 3 of the Bangladesh Citizenship ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ...... extra Muharrirs (Nakal Nabish) in the beginning at Sadar SR Office, Dhaka, in 1966. The Government sanctioned Non-government posts of BD Muharrirs for all the Sub-Registry offices in the then East Pakistan, now Bangladesh. The posts of BD Muharrirs were subsequently termed as TC (Tax Collecting)..Category: Employment/Service Law | Date: | Hits: 66
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......y offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf." 7. Pakistan was the next country to introduce a legislation prohibiting dowry, Dowry and Bridal Gifts (..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....al eventualities and probabilities. The former High Court of East Pakistan framed Rules to govern the procedure to disposal of applications under Article 170 of the then Constitution of the Islamic Republic of Pakistan, 1956 (see High Court Rules vol. (1). P. 253) which are still being followed a......mber of decisions in favour of their respective submissions of which only the relevant ones will be taken into consideration. 8. A question arose under Article 98 of the then Constitution of Pakistan as to whether the High Court in its writ jurisdiction was competent to review its own deci..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....; ors ..................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic Republic of Pakistan vs. Mahmud Sayed PLD 1961 SC 192 = 13 DLR (SC) 94. &nbs...................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic Republic of Pakistan vs. Mahmud Sayed PLD 1961 SC 192 = 13 DLR (SC) 94. &nbs..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ion Court had no jurisdiction to entertain the case filed by the respondent as there was no written contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law co..Category: Property Law | Date: | Hits: 70
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......jurisdiction of the court. 14. In the case of Khandaker Ehteshamuddin Ahmed Ca) Iqbal reported in 33 DLR (AD) 154 this court expressed agreement with the view taken by the Supreme Court of Pakistan in the case of State Vs. Zia-ur‑Rahman PLD 1973 (SC) 49 and Federation of Pakistan V..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... make any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together and each provis......ot entertain a time‑barred application for review………………………………..(13 & 14) Cases referred to- Kadir Bux Vs. Province of Sind 1982 SCMR 593, FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. Lawyers Involved: AJ Mohammad Ali, Advocate instructed by Shamsul Ha..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ere made in 1982, as stated above. Under these provisions the High Court got power to award interest on debts and damages and the Arbitrator got power to allow interest on his award. 10. In Pakistan, as in Bangladesh up to 1971, the Interest Act, 1839 was a substantive law governing the p..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....alia, to exercise jurisdiction in respect of matters relating to or arising out of, as provided under Article 117(1)(a) of the Constitution, "the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;".......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......one of conviction or to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A". 6. It may be mentioned here that in India and Pakistan also section 439A had been inserted by amendments (in India Code section 399) in their res..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....spute as to title to receive the compensation or as to the appointment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property w......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... 429 and one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66= AIR 1893 PC 70. Besides he has made passing reference to some decisions of Indian and Pakistan jurisdictions. 7. Section 34 of the CP Code provides that when the Court passes a money..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......ngs contradictory to each other. Now the facts of the case may be noticed in details. Respondents No. 1 in his writ petition No.1990, inter alia, averred that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....Service (Tenure of Appointment) Order, 1981, passed by the President under clause (2) of Article 62(2) of the Constitution. The Chief of the Naval Staff is a constitutional post in the service of the Republic of Bangladesh as per provisions in Articles 61, and 62(1)(c) read with Article 152 of the C....... The petitioner is now seeking leave against the impugned order dated January 19, 1992 of the High Court Division summarily rejecting his writ petition. His case is that he got his Commission in the Pakistan Navy on May 10, 1963 and he was awarded the Sword of Honour, being the best all round Midsh..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………&he......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....nistry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48 of 1992) Ministry of Establishment, Government of the People's Republic of Bangladesh and another …………Appellants [In Civil Appeal No. 46 of 1992) Bangla......te of Haryana, AIR 1987,(SC) 415; Manzoor Qadir, 22 DLR (SC) 65, Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) I 11; Sk. Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Jibendra KA Chowdhury Vs. East Pakistan, 9 DLR (SC) 21 and Pravakaran Vs. State of Tamil Nadu, AIR 1987 (SC) 2117; Abdul Majid Vs. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... appellant had been in his service from 1954, that is, from before the coining into force of Article 179 and as such it was held that this Article providing for "temporary service" of the Republic was not applicable to the appellant's case; secondly, it was found that the appellant bei......uly 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of ..Category: Administrative Law | Date: | Hits: 149
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