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Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......t filing any written statement. The stand of the Government was that the petitioner and her vendors violated the term Nos. 19 to 27 of the original lease Agreement made between the Government of East Pakistan and W. PBA Selim and the property was being treated as abandoned property the respondent is..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......0; Shah Muhammad and others Vs. Muhammad Bakhsh reported in PLD 1972 (SC) 311; Mst. Murad Begum etc. Vs. Muhammad Rafiq Etc. PLD 1974 (SC) 322; Muhammad Jamil Vs. The Chairman, Industrial Court, West Pakistan and another, PLD 1964 (SC) 559; Iman Ali Halsana and others Vs. Furkun Ali Mondal and other..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....ntion of the respondent that their services are governed by Article 135 of the Constitution. They are not protected under Article 135 of the Constitution as they are not persons in the service of the Republic. Mr. A Baset Majumder has referred to Act XLI of 1974 which provides for retirement of publ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The review petitions are dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Review of a ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......icipality, AIR 1976 Supreme Court 105; Mustafa @ Mustafizur Rahman Vs. The State, 1985 BLD 335; Syed Mahmud Alam Vs. Syed Mehdi Hussain, PLD 1970 (Lahore) 6; The Punjab Province Vs. The Federation of Pakistan, PLD 1956 (FC) 72; Badri Narayan Agarwalla Vs. Pak. Jute Balers Ltd., PLD 1966 (Dhaka) 262;..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....e order or removal to the Government of Bangladesh in the Ministry of Agriculture and the appeal was also dismissed. He approached various authorities including the Vice-President of the People's Republic of Bangladesh but to no effect. He then instituted the suit before the learned Munsif prayi......
Government circular being Government circular under Memo-2/1-Pro-3/84 dated 11.01.84, wherein the conditions of service of the officers and staff of the erstwhile Agricultural Research Council of Pakistan who were absorbed on secondment from the Government of Bangladesh to the Bangladesh Agricul..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... is made up and concocted story which is a result of conspiracy amongst the petitioner, his mother and wife. It is further alleged that the respondent No.3 was receiving medical treatment in Karachi (Pakistan). After undergoing surgical operation the respondent No.2, Managing Director of the company..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......se contentions reliance is placed on Abdur Rahman vs. State, 27 DLR 268 and Abdul Jabbar vs. State, 37 DLR 278. 4. The practice of utilizing Magistrates in trap cases has been disapproved by the Pakistan Supreme Court in a number of decisions. Let us refer to one Muhammad Zaheer Nadeem Vs. The ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ...... shares, as mentioned above, by transferring the same to his name and to the name of his wife. The Board of Directors, it was alleged, approved this transfer, and with permission of the State Bank of Pakistan the transfer of share to appellant No.2, who was then a British national, was regularised; ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......f the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ext.3 is based on good reasoning. Cases Referred to- Province of East Pakistan vs. Nakul Das Mridha & another, 20 DLR (Dhaka) 769, 32 DLR (AD) 170. Lawyers Invol..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....strated at the instance of some interested quarters and repolling ought to have been ordered. In support of her contention she referred to Articles 7 and 119 of the Constitution of the People’s Republic of Bangladesh, section 19 of the Local Government (Upazila Parishad and Upazila Administrat......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
...." in section 3(21) of the General Clauses Act, 1897 has been defined to mean in relation to anything done or to be done after the 25th day of March, 1971, the Government of the People's Republic of Bangladesh while section 3(28) of the General Clauses Act, 1897 defines the expression &......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e suit was hit by the provision of section 52 of the Transfer of Property Act. 6. In the case reported in 21 DLR (SC) 50 referred to by Dr. Rafiqur Rahman their Lordships of the Supreme Court or Pakistan laid down as follows: “A stranger to a suit or a proceeding is not prohibited by..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......endant No. 2 in an ejectment suit on false and fraudulent allegations. 4. Defendant No. 1 contended that defendant No. 2 was not a tenant of Sarat Chandra or Subhashini. One Gul Muhammad of West Pakistan came possess the suit land and houses by trespass without the consent of Subhashini in 1984..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....ment Mohammad Abdur Rouf J. - The petitioner who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....e already observed about the Memo dated 7.2.87 as follows:— "We must make it very clear that under Article 112 of the Constitution all authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court. It means in the facts and circumstances of the case ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......ention is illegal and the detenu is being held in custody without any lawful authority…………………(19 & 20) Cases Referred to- Govt. of West Pakistan Vs. Begum Abdul Karim 21 DLR (SC) 1(11); Mir Abdul Baqui Bliuch Vs. Government of Pakistan ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......rul Bala died on 09.03.70 at Anowara Upzilla. Thus the petitioner got the entire right in the 8.23 acre of lands which she had been possessing all through by living in Bangladesh and erstwhile East Pakistan and by paying rents up to 1389 B.S. But after that her offer of rents for 1390 B.S. was not..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......oni having died leaving defendant No.1 as her only heiress she became the owner thereof and got her name duly mutated in S.A. Khatian No.2071/1. Surendra Nath Sen was all along a citizen of erstwhile Pakistan and was never a citizen of India. It was asserted that the property was not an Enemy Proper..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......is illegality is liable to be cured under section 537 of the Code of Criminal Procedure. In the case of Md. Mosaddar Hoque and another Vs. The State reported in 10 DLR SC 29, their Lordships of the Pakistan Supreme Court while considering the question of misjoinder of charges has laid down as foll..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
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