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Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ticle 103 (2) (a) of the Constitution is granted” 2. In his application the appellant prayed before the High Court Division for a declaration that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India signed on the 16th day......t: Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ………………………&hel......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond...... Present: Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ……………………&..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... set aside Ed. ...... Ed. ......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref...... A.M. Sayem CJ A.B. Mahmud Hussain J Abdullah Jabir J Solicitor, Government of Bangladesh……………………..Appellant Vs. A.T. Mridha ………………………&hel..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....l took cognizance, however, contains the following statement:- "The story of the case in brief is that on 3-8-72 at 2.00 hrs. I being complt. submitted suo motu case under order of Government against accused in col. 3 as candidate filed their nomination papers on 20-10-71 as can......p; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators (Special Tribunals) Order, 1972 (hereinafter referred to as the Collaborat......n, Advocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 &......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....nister; and in the manner provided in clause (7) of the Provisional Constitution Order. 6. Learned Counsel submitted that while the Proclamation envisaged a Presidential system of Government, by promulgating the Provisional Constituent Order the President designated by...... Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No. 8 of 1972. i.e., the Bangladesh Collaborators (Special Tribunal Order, 1972 (hereinafter referred to as the Collabo......vocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of...... Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Law..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....taying the suit under section 14 the second defendant ought to have been held to have joined in the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an...... M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector of Chittagong ……………&hel...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 196......A.M. Sayem CJ A. B Mahmud Husain J M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector o..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....on bail" "16. (1) A person convicted of any offence by a Special Tribunal or a Special Magistrate may appeal to the High Court Division of the Supreme Court. (2) The Government may direct a Public Prosecutor to present an appeal to the High Court Division fro...... Appellate Division (Criminal) Present: A. M sayem CJ B. Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Al......ssed. Ed. ...... B. Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Ali and others……………………&hel..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ...... Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ........ur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment January 2nd, 1994. ...... Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment ..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....om the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1993 of the High Court Divisio...... ......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ......preme Court Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 19..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
...., claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill u......ivision Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in questio......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministr......sp; ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others…………Res..Category: Employment/Service Law | Date: | Hits: 66
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......nsurer who already paid the insurance claim in respect of the goods for which he had stood surety, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner filed the suits for recovery of the money he paid as an Insurer. An app......ported in: 46 DLR (AD) (1994) 185 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Eastern Insurance Co. Ltd.....................Petitioner Vs. D B Deniz Nakliyati TAB and others ..............................Respondents Jud..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally cancelled the plaintiffs settlement on 18.9.72 on the allegation that he is a Government Servant and so he is not entitled to get any settlement of enemy property. But the plai......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......reported in: 46 DLR (AD) (1994) 183 ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Farid Miah ......................................Appellant Vs. Kutubuddin, being dead, his heirs: Shanu Begum and others .................... Responde..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....ant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Su......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgm..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry".‑I......slation prohibiting dowry and making the giving or taking or demand of dowry an offence. The Dowry Prohibition Act, 1961 (Act No. 28 of 1961) of India, it appears, was profusely borrowed by the later Bangladesh legislation on the subject and therefore it may not be out of place here to quote the fir...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Sel......ourt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....l from Original Order (Award) No. 224 of 1990). Judgment: Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is wheth......ed in: 46 DLR (AD) (1994) 158 ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ......ivision (Civil) Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-respondent Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared ...... made by the High Court in its writ jurisdiction will be available to it under the said section 114, if that section is otherwise applicable. 10. In the case of Khademul Islam Chowdhury Vs. Bangladesh, 33 DLR (AD) 111, a judgment passed on review by the High Court Division in its writ jur...... This case is also reported in: 46 DLR (AD) (1994) 154 ......ate Division (Civil) Shahabuddin Ahmed CJ ATM AfzaI J Mustafa Kamal J and Latifur Rahman J. Moni Begum and others......................Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents J..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....der passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent No. 1 as petitioner filed an application under Article 102(1)(a)(i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver ......J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant VS. ...... Chowdhury J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant ......le Mills Ltd. has no legs to stand upon because these very circumstances were discussed and thrashed out in the conference that was held on 21.6.77. 8. In Central London Property Trust Ltd. Vs. High Trees House Ltd. (1947) 1 KB 130 Denning, J considered the effect of an arrangement made b..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....n of a regular Managing Committee of the Staff Welfare High School in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated t......45. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....mbers had fallen vacant owing to their failure to take oath within the prescribed period and a fresh election should be held for those offices. 3. It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ord......om the consequence provided in the Ordinance itself, namely, the vacation of the office of Chairman and members. With regard to the omission to make the Deputy Commissioner a party he submits that Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development being ......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In......bsp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd,..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....uracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whether the sanction for the prosecution was granted by the Government was allowed to be raised for the first time in the Supreme Court. The new plea need to be......dents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......vision (Civil) Present: MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Post Office High School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994...Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....oresaid order of conviction and sentence. An allegation of malafide was raised in the writ petition stating that respondent No. 4 of whose behalf the FIR was lodged was a very high official of the Government and he had exercised undue influence in bringing about the reversal of the order of the ..................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Re......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe......ry.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ...........Category: Constitutional Law | Date: | Hits: 174
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