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Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....nbsp; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh ......eing enrolled as an Advocate under the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 2. The appellant was an Advocate entitled to Practise in the erstwhile High Court of East Pakistan at Dhaka immediately before the 26th day of March 1971, and when the High Court of Bangla..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following departmental inquiry, he was ...... 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. ..Category: Administrative Law | Date: | Hits: 123
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....and that in similar other matters involving similar offences, the High Court Division itself had granted hail to a number of other former Ministers including the former Vice‑President of the Republic and these facts of delay and likely discrimination were not at all considered by the High ...... Metropolitan Magistrate, Dhaka 3. In Ramna PS Case 89(2) 91 DAB GR Case No. 15/91 the gist of the allegation in the FIR was that in connection with the purchase of two container ships from Pakistan, the appellant along with other officials of the Bangladesh Shipping Corporation and anoth..Category: Constitutional Law | Date: | Hits: 150
....d., located at Airport Road, Tejgaon, Dhaka on a leasehold land of 3.28 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the appellant and the President of the People's Republic of Bangladesh. The appellant received a Notice dated 15.6.88 from respondent No. 1. Directo......cted the lease to be executed in Schedule IX of the Rules.
10. M/s Drums Metal Ltd. took over the drum factory from M/s Allenberry & Co. and a fresh sanction was given by the Government of Pakistan, Ministry of Defence of 3.5‑69 amending the lease in favour of M/S Drums Metal Ltd. and r..
Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....t: Shahabuddin Ahmed CJ 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 ......................Petitioner. Vs Abdul Mannan @ A Ma...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... each case. Though there is no legal bar to trial of such cases by different Judges, such procedure is always open to the risk of the two courts coming to conflicting findings. The Supreme Court of Pakistan, in the last mentioned case, has also observed that though the usual procedure is for tri..Category: Criminal Law | Date: | Hits: 69
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. ......because the lessee knew from the very beginning that the properties, some of which included relief goods, were intended for official use. He has in this connection referred to an observation of the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect th..Category: Fiscal/Taxation Law | Date: | Hits: 92
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Mackinnon Mackenzie & Company (Pakistan) Ltd.. ..................………………Appellant ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... Appellate Tribunal & others…..Respondents (In Civil Appeal No. 4 of 1991) Judgment November 28, 1991. Result: The appeals are dismissed. The Constitution of the Peoples’ Republic of Bangladesh, 1972, Articles 102, 117 & 117(1) The Administrative Tribunal Act, 198......ladesh Vs. Abdur Rab 33 DLR 143, Jamil Huq and eleven others Vs. Bangladesh 34 DLR (AD) 125 and Serajul Islam Vs. The Director of Food 42 DLR (AD) 199; In the matter of Reference by the Parliament of Pakistan 9 DLR (1957) SC 178; Re CP Motor Spirit Act, AIR 1939 Federal Court 1 (5) Quinn Vs. Leathem..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ully challenged the vires of the Constitution (Tenth Amendment) Act, 1990 (Act No. 38 of 1990) in Writ Petition No. 2306 of 1990 before the High Court Division. In the Constitution of the People's Republic of Bangladesh, in Article 65, for clause (3) the following was substituted by the impugned...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....t at a high level of generality". (Underlined supplied). 24. In Article 135 of our Constitution a person holding any Civil post in the service of the Republic is entitled to a second show cause notice in the event of dismissal, removal or reduction......Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Man..Category: Employment/Service Law | Date: | Hits: 89
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by the erstwhile Province of East Pakistan and after transfer the name of the plaintiff was mutated and be was paid monthly compensa..Category: Property Law | Date: | Hits: 58
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... to a minor donee is not required only when the father or guardian or the person in charge of the minor makes a gift in the minor's favour". This decision of the Supreme Court of Pakistan was followed in the case of Aurangzeb and others Vs. Daud Khan and others reported in PLD ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......ncipal defendant in the suit. 3. The learned Subordinate Judge by his judgment and decree dated 28.8.70 dismissed the suit whereupon the plaintiff filed appeal in the then High Court of East Pakistan being First Appeal No.343 of 1970. The appeal was registered on 24.12.70 but as there was ..Category: Procedural Law | Date: | Hits: 122
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. ......y one of the two conflicting decisions or to follow the "latest pronouncement". 7. Before we consider the reasons given in the impugned decision let us refer to some cases cited before us from the Pakistani jurisdiction. In Zafar Iqbal Vs. The Province of Sind PLD 1973 Karachi 383, a habeas ..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. ......then Vs. District Magistrate, Trivandrum AIR 1939 (PC) 213; Moslemuddin Sikder PLD 1957 Dacca 110 PLD 1957 SC 1; Abdul Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government of Bangladesh Vs. Ah..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 88..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1967). Judgment: &nbs..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... and deliberately shot at and murdered Asaduzzaman. 6. The Government version which was released in press notes is as follows:— "FLAG PRESS NOTE "The Pakistan Observer" dated January 21, 1969. PRESS NOTE. The following..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... of the revisional power under section 439 of the Code sentenced each of the six convicts to transportation for life. The convicts then preferred an appeal by special leave to the Federal Court of Pakistan. The appeal was heard by four Judges and the judgment was delivered by his Lordship Abdul ..Category: Criminal Law | Date: | Hits: 57
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