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Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......ation for review the petitioner stated as follows: “That according to the advice of the learn Counsel, the defendant Islamic Foundation Authority took proper steps through Bangladesh Embassy, in Pakistan to know definite regarding the said tenant Md. Ismail Hossain The Bangladesh Embassy collec..Category: Property Law | Date: | Hits: 107
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....judicial body, and it was acting in its administrative capacity. 6. The Election Commission has been established under Article 118(1) of the Constitution of the People’s Republic of Bangladesh which reads as follows: "118. (1) There shall be an Elect......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....ist prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution of the People’s Republic of Bangladesh. 6. The Rule was contested by the respondent Nos. 1-4 a......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
.... his dismissal, removal or reduction in rank. This is a constitutional protection available to a person holding a civil post and admittedly respondent was holding a civil post in the service of the Republic and second show cause notice is a must. It appears that the Tribunal as well as the Appell......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....8.1992 holding, inter alia, relying on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (AD) 256, that the appellant having already gone on LPR he was no longer in the service of the Republic and, as such, the impugned proceeding could not be drawn up against him legally. He was fou......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Special Reference No. 1 of 1995, 24 CLC (AD)
....(Under Article 106 of the Constitution) Opinion: ATM Afzal CJ. - This is a Reference, first of its kind and somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court ......aruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 US 186; "(Nixon vs. Herndon, 273 US 536 (1927) at 540); Lt. Col. Farzwid Ali vs Prov. of West Pakistan, 22 DLR (SC)1970) 203 (220); Fazlul Quader Chowdhury Vs. Shah Nawaz, 18 DLR (SC) (1966) 62 ..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......s 'pending action' which are stare decisis. As the meaning of the words 'pending action' is well established by legal precedents we would like to reproduce the observations of Muhammad Haleem CJ of Pakistan in the case of Pir Bakhsh vs. Chairman, Allotment Committee PLD 1987 (SC) 145 as under: ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....law, service rules and circular of the Government to appoint Chairman/Director/Managing Director of any Corporation or Nationalized Institution with the proper approval of President of the People's Republic of Bangladesh, and other Ministries like respondent No. 1 have been debarred from doing s......rplus Public Servants" means a public servant whose post is abolished by the Government for the purpose of administrative reorganization or who, being a servant of the erstwhile Government of Pakistan, joined the Government of Bangladesh on repatriation or escaping or defecting from Pakista..Category: Employment/Service Law | Date: | Hits: 117
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....ing such evidence and, if it thinks fit, coming to a conclusion that the recital is inaccurate. 29. Mr. Islam then submitted that under Article 55(2) of the Constitution the executive power of the Republic shall be exercised "by or on the authority of the Prime Minister" and there being nothing t.....................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; Humayun Kabir vs. State, 28 DLR 259; Emperor vs. Shibn..Category: Constitutional Law | Date: | Hits: 185
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......LD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh vs. Aijan Bewa, 6 DLR 320= PLD 1956 Dhaka 143; Sar Anjam Khan vs. Afzal Khan, PLD 1972 Peshawar 37; State of Pakistan and another vs. Mehrajuddin, PLD 1959 SC (Pak) 147. Lawyers Involved: Abd..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... 50% share of the premises in dispute belonging to her. Respondent No. 4 filed OC Suit No. 125 of 1978 for specific performance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned ......he Secretary, Ministry of Works praying for declaration of the 50% share of the premises belonging to the deceased father of the appellants as abandoned property on the allegation that he left for Pakistan during the war of liberation in 1971 and also praying that the lease be granted to him on ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....roposed venture would not be an authorised act under the Town Improvement Act, 1953. Respondent No. 2, a statutory body entrusted with the development, improvement and expansion of the Capital of the Republic and its environs, could not, and it did not, give 'no objection' to the appellant for build......arned brother ATM Afzal 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: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union of India AIR 1981 (SC) 947..Category: Constitutional Law | Date: | Hits: 203
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......ess transaction, then any amount that he might earn by way of salary from such service or as profits of such business may be set off against his salary due on his reinstatement in the service (Ref: Pakistan vs. AV Issacs, 22 DLR (SC) 371). In the instant case, the defendant cannot claim any set-o..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......ate which was in force on the date when the letter of credit was opened. The High Court Division upon examining the relevant provisions of the Customs Act and some decisions of the Supreme Court of Pakistan held that the petitioner had acquired a vested right in the matter of getting exemption fr..Category: Business or Commercial Law | Date: | Hits: 126
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ed on the grounds mentioned above, the Court will not Sit on the matter again for a rehearing or further hearing which is already concluded by decision even if that be erroneous. The Supreme Court of Pakistan in the case of Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335 was consider..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....which came into effect on 20 defines “public servant” as follows: “2(d) “public servant” means any person who is, for the time being in the service of the Republic or of any local authority, but does not include any person who— (i) is a ......s public servant” means a public servant whose post is abolished by the Government for the purpose of administrative re-organisation or who, being a servant of the erstwhile Government of Pakistan, joined the Government of Bangladesh on repatriation or escaping or defecting from Pakist..Category: Constitutional Law | Date: | Hits: 161
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......n this context that the Privy Council laid down the rule as aforesaid which is being followed consistently in the courts of the subcontinent including those of ours. 11. The Supreme Court of Pakistan in the case of Ghulam Abbas vs. Hashim 1969 SCMR 257 referred to the said rule and follow..Category: Property Law | Date: | Hits: 70
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......ision has not only been followed by a Division Bench of the High Court Division in the case of Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD) 48, but has consistently been affirmed first by the Pakistan Supreme Court in the case of Muhammad Nawaz Vs. Mst. Khurshid Begum, PLD 1972 (SC) 302, at ..Category: Family Law | Date: | Hits: 198
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......h Court and later High Court Division inherited the Original Side Rules as long as Letters Patent, 1865 was in the statute book. 18. Various controversies raked the higher Courts of the then Pakistan as to whether Rule 1 of Chapter XXXI of the Original Side Rules are at all applicable to a..Category: Business or Commercial Law | Date: | Hits: 118
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