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Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....l CJ Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent Judgment Apr......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..

Category: Administrative Law | Date: | Hits: 112

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others…&h......the burden of proof. 9. In the High Court Division all writ petitions filed under Article 102 of the Constitution are disposed of in accordance with the then Rules of the High Court of East Pakistan at Dhaka governing the procedure in applications for Directions, Orders and Writs under Ar..

Category: Criminal Law | Date: | Hits: 99

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......p;Respondents Judgment June 16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197. Lawyers Involved: Md. Hannan, Senior Advocate, instru..

Category: Property Law | Date: | Hits: 79

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Resul...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..

Category: Constitutional Law | Date: | Hits: 163

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

....upreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants vs. Md. Anwar Hoss...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ..

Category: Employment/Service Law | Date: | Hits: 95

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....rlier were removed. The relevant provision of the said Order reads thus:  “2. Final revival of the Constitution.- All provisions of the Constitution of the People’s Republic of Bangladesh, which have not already been revived, are hereby revived; and all modificat......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..

Category: Property Law | Date: | Hits: 88

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....lip;………………………………………. (e) he holds any full-time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or (f)……&he......cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..

Category: Others | Date: | Hits: 85

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

.... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh …&h......ce passed by the Comptroller and Auditor General of Bangladesh alleging that he was appointed as an Auditor in 1948 in the local audit department of the office of the then Accountant General, East Pakistan. Subsequently through promotion he became audit and accounts officer in the office of the ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....icle 102 of the Constitution, basing its reasoning upon a decision of this Court in the case of Bangladesh Sangbadpatra Parishad, represented by its Secretary General vs. Government of the People’s Republic of Bangladesh, 43 DLR (AD) 126, hereinafter referred to as Sangbadpalra Parishad Case. ......6) WLR 550; IRC vs. National Federation of Self: Employed and Small Business Ltd [1981] 2 All ER 93; Mian Fazal Din vs. The Lahore Improvement Trust, 21 DLR (SC) 225; Benazir Bhutto vs. Federation of Pakistan, PLD 1988 (SC) 416; Shehla Zia vs WAPDA PLD 1994 (SC) 693; The South Asian Environment Law ..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......ors 16 BLD (AD) 274 = 48 DLR (AD) 164, held in the light of the principles of law laid down in the case of Indar Singh vs. Kanshi Ram AIR 1917(PC) 156, 44 IA 218, followed by the Supreme Court of Pakistan in the case of Ghulam Abbas vs Hashim 1969 SCMR 257, (judgment by Hamoodur Rahman, CJ.) h..

Category: Property Law | Date: | Hits: 88

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

.... Bimalendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents ......he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..

Category: Administrative Law | Date: | Hits: 133

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....vil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Se......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..

Category: Administrative Law | Date: | Hits: 119

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... the Order speaks that the recovery of Bank dues can be made under the Public Demands Recovery Act. Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of due..

Category: Business or Commercial Law | Date: | Hits: 150

Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)

..... No.11(6) T/80 dated 25-9-1983. Approved. Copy forwarded to: Sd/- Atauddin Khan  Minister of State for Finance Government of the People’s Republic of Bangladesh.  1. The Commissioner of Taxes, Dhaka (North) Zone South/Zo...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....ur attention to Article 66(2)(d) of the Constitution which provides for disqualification for election as or for being a member of parliament if one holds any office of profit in the service of the Republic other than an office which is declared by law not to disqualify its holders. It has been a......njab PLD 1972 (SC) 139; Khandaker Ehteshamuddin Ahmed @ lqbal vs. Bangladesh 33 DLR (AD) 154; Helaluddin Ahmed vs. Bangladesh 45 DLR (AD) 1; State vs. Zia-ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan vs. Saeed Ahmed PLD 1974 (SC) 151; Pakistan vs. AV Issacs 11 DLR (SC) 371; Jeevaratnam vs...

Category: Administrative Law | Date: | Hits: 125

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......nsation assessment-roll by itself shall not stand in the way of vesting non-retainable property to the Government………(9) Cases Referred to-  Province of East Pakistan vs. Md Shahabuddin, 25 DLR 248, Province of East Pakistan vs. Haji Abul Hussain & ano..

Category: Property Law | Date: | Hits: 90

Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)

.... (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. T......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..

Category: Others | Date: | Hits: 113

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......the hearing of the appeal Mr. Mahmudul Islam, learned Counsel for the respondent-appellant, has taken us through the relevant provisions on interim order under Article 98(4) of the Constitution of Pakistan, 1962, Article 199(4) of the Constitution of Pakistan, 1973 and the addition of Articles 1..

Category: Criminal Law | Date: | Hits: 119

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

.... Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. Judgment December 5, 1994.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...

Category: Property Law | Date: | Hits: 89

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... Division (Civil) Present:  ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works……&hell...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..

Category: Property Law | Date: | Hits: 58