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Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......J.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election ......erly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......the question of maintainability it was firstly contended that the Writ at the instance of the Dacca Municipality or Dacca Pourashava was maintainable; and secondly, it was contended that the impugned order of the Additional Commissioner being an executive order passed by the superior authority, ...... The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For......os. 2 and 3. Civil Appeal No.97 of 1977. (From the Judgment and Order dated the 18th May, 1973 passed by the High Court in Writ Petition No.159 of 1971). Judgment Fazle Munim J.- I have gone through the Judgment proposed to be delivered in this appeal by my learned brother KM Subhan J..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......; 2. S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Respondent Nos. 3 & 4. Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgmen......s set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66. Lawyers Involve..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... Abu Siddique, Advocate-on-Record—For the Respondent Nos.1 & 2. For the Respondent No.3—Not represented. Criminal Petition for Leave to Appeal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed by the High Court Division in Criminal Appeal No.4412 of 2006) ......dance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State……………………………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents ..Category: Criminal Law | Date: | Hits: 122
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......ed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2789 of 2002 with Civi......pare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitio..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......e Petitioner. No one appears—For the Opposite Party. Civil Revision No.3967 of 2005. Judgment Sharif Uddin Chaklader J.- This Rule by the opposite party No.1 petitioner directed against order No.4 dated 13-9-2005 passed by the learned District Judge, Dhaka in transfer Miscellaneous Cas......o cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgme..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... section 200 of the Code of Criminal Procedure and took cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 and thereby issued summons upon the accused person vide its order dated 12-7-2005. After receipt of summons the accused petitioner appeared in the Court of Ch......ake back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment Oct..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......, 2004, Rule 15 of Emergency Power Rules, 2007 and also under section 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all ......dance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Md. Mizanur Rahman Bhuiyan J Rowshena Jahan………………………………….Petitioner Vs. State and another……………………………….Opposite-Parties Judgment ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... concerned vested in the Government which acquired the right to administer, control, manage and dispose of by transfer or otherwise the said properties in accordance with the provisions of the said order. Article 5 enumerates the powers of the Government generally and in particular to take such ......ification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......nstitution made by the appellant. 2. The appellant Buxly Paints (Bangladesh) Ltd., is a public company incorporated on 15-2-71 in East Pakistan having its registered office at Chittagong and one of the objects of the company was to acquire and take over from Buxly Paints (Pakistan) Ltd. whi..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......uq Chowdhury, Senior Advocate, (Bahauddin Ahmed, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record - For the Respondents. Criminal Appeal No.18 of 1978. (From the judgment and order dated 19-11-1976 passed by the High Court Division in Criminal Revision No.430 of 1975.) Ju...... of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......tion of the CS Khatian Exhibit C wherein the name of Raj Kumar Saha Chowdhury, father of Nakuleswar Saha Chowdhury, Vendor of the respondents appears, and the said vendor occupied the land mentioned in the registered sale-deed Exhibits A and B that he owned and possessed the disputed land by w..Category: Criminal Law | Date: | Hits: 94
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......ord - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 of 1978. (From the Judgment and order dated 8.6.1978 passed by the High Court Division in Writ Petition No.534 of 1977) Judgment ......conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......he Appellate Tribunal upheld the order of conviction and sentence in Tribunal Appeal No.99 of 1977. Thereafter the appellant moved the High Court Division in its Writ jurisdiction when the above mentioned order was passed. 3. On perusal of the judgment of the High Court Division it appears that i..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......nd Humayun Hossain Khan, Advocates, instructed by Md. Nurul Hul, Advocate-on-Record - For Respondent No.1 (In Appeal No.25 of 1979). Civil Appeal Nos. 24 and 25 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition Nos. 479 and 538 of 1978 resp......nother………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1979. Result: The appeals are dismissed. Case Referred To- B.S.I. Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41. Lawyers Involved: S.R. Pal, Senior Advocate, with A.R. Yusuf, M. Zahir, Ad......and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any rules framed; (2) Whether the decision given in 29..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.114 of 1977 (From judgment and order of passed by a Division Bench of the High Court in Writ Petition No. 536 of 1976 on May 25, 19......nd the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......16 of Mouza Ramgarh within P.S. Fatikchari was settled with the appellant company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it which als..Category: Property Law | Date: | Hits: 87
Category: Property Law | Date: | Hits: 106
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
..../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......ior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.917 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Civil Revision No.3043 of 2005.) Orde......repare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Jalal Hossain Mollah............................................Petitioner Vs. Md. Azizur Rahman and others..................................Respondents Order ..Category: Procedural Law | Date: | Hits: 81
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2081 of 2009.) Judg......ances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J M. A. Razzaque....................................................Petitioner Vs. Syed Maynul Haq and others..................................Respondents Judgment ..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.551 of 2009. (From the judgment and order dated 26.01.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate T......quiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......mmad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh presented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Khorshed Ali Talukder...........................................Respondent Ju..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......he Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No.2044 of 2002.) Judg......sult, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Sabu Tara Begum and others..........................................Petitioners Vs. Manik Miah and others...................................................Respondents ..Category: Property Law | Date: | Hits: 98