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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....982 between M/s. Eastern Trading Corporation, represented by its sole proprietor Mr. Saiyed Shahidul Huq (Defendant no.1) of First Part and Chief Martial Law Administrator, Government of The People's Republic of Bangladesh, represented by M.K. Zaman, Section Officer, Ministry of Industries and Comme......t no cause of action to lay suit, c. Suit is barred by limitation. d. Suit property originally belonged to Golam Hossain Rezwani and others and Golam Hossain Rezwani and others left former East Pakistan during Liberation War of Bangladesh of the year 1971 and their whereabouts were not known a..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994. 2. The case of the petitioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The petitioner used to pass different t..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....d the relief sought for in the form of mandatory injunction. The High Court Division also has observed that in view of the provision of Article 144 of the Constitution public property owned by the Republic or by any instrumentality of the Republic may be generally disposed of by public auction o......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....n) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 200......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....Bangladesh after the Liberation War and ceased to occupy, manage and supervise the case property in person. They were the citizens of a state which was engaged in military operation with the People's Republic of Bangladesh and the property was legally taken over by the Government as abandoned proper......it‑petitioner‑respondents filed the writ petition stating, inter alia, that Dr. Mahmood Hasan, former Vice‑Chancellor of Dhaka University and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ...... 24‑7‑1962. Being aggrieved by the judgment and decree of the Court of appeal below, the appellant preferred second Appeal No.625 of 1966 in the High Court of Judicature at Dacca in the then East Pakistan and the second Appeal No.625 of 1966 was dismissed by judgment and decree dated 1‑2‑198..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... democratic polity where the Court derives its authority from the people, it can not be above everything, it must discharge its functions in accordance with law and under the constitution of the Republic. Therefore, it can not be placed above every thing, it can not be attributed supernatural c......he amicus curiae on this point. 10. Mr. Rafique-Ul Huq the learned Advocate appearing as amicus curiae submitted that the expression of the words 'void' or 'voidable' by the Pakistan Supreme Court in Dr. M.O. Gani's case reported in 18 DLR (SC) 463 is not a happy or cor..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....2. Writ petitions were filed challenging validity of some parts of the individual contracts of employment on the ground of being violative of Articles 27 and 29(1) of the Constitution of the People's Republic of Bangladesh and sections 3 and 4 of the Public Servants Retirement Act, 1974 and/or the B......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....he departments/authorities should be monitored and supervised meticulously by the cell. 9. Send copy to this order to the Principal Secretary to the Hon'ble Prime Minister, Government of Peoples Republic of Bangladesh for implementation of the direction/ observations make by us and taking neces......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ion for the administration of the same and the said administrative instruction will be as effective and binding as statutory rules and have precision of the rules and force of law. He has referred to Pakistan vs. Sheikh Abdul Hamid PLD 1961 SC 105 to submit that following decisions of this court adm..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ...... respondent, this article gives absolute and uncontrolled discretion to decline or refuse to register any proposed transfer of shares. But a long line of judicial decisions in England, Bangladesh, Pakistan and India have held that such a discretion is not, in fact, absolute and uncontrolled. The..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....isions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑organisation and Conditions) Act, 1975 all public servants which include persons in the service of the Republic and in "Public Body" are entitled to unified grades and scales of pay and uniform......oting him to class 1 post specifically mentioned that while officiating he would get his own pay in his substantive capacity in class II service. Interpreting fundamental rule 35 the Supreme Court of Pakistan held that the Governments own decision printed in the official compilation of the Fundament..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ...... and opened the iron safe and made an inventory of the ornaments as contained in Annexures A to C to the petition for succession certificate. The ornaments so seized were kept in the State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgag..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....levant and the same reads as: “Section 4(1): An Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......e of Civil Procedure for impleading it as a party in the suit on the ground that the LCs were actually established by it with the defendant National Bank Ltd. in favour of ENAR (Pvt) Ltd. Karachi, Pakistan, for supply of fabrics but the supplier failed to supply fabrics on time and when supplied..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
..... M Amirul Islam submits that 'Advisory Board' contemplated in section 9 of the Act has been borrowed from clause (4) of Article 33 of the Constitution of the People's Republic of Bangladesh, which speaks of an Advisory Board consisting of three persons, of whom two s......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......d in schedule 'A' to the plaint on the basis of exchange with the property described in schedule ‘B’ to the plaint. Property described in schedule ‘A' to the plaint belonged to erstwhile East Pakistanis i.e. defendant Nos. 5‑12 and the property described in schedule 'B' belonged to the p..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......s of Public Servants (Retirement) Act, 1974 (XII of 1974). 3. The petitioner MA Gafur, joined as Lower Division Clerk on 1st July, 1965 in the Military Estate Office of erstwhile East Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitione..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......n support of his interest but the Minister did not consider them and directed him to vacate the house; that Mrs. Ovais Bandi is a citizen of Bangladesh; that she neither left Bangladesh nor opted for Pakistan and her house could no treated as abandoned property; that notices issued by the Ministry o..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89