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Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocate—Amicus Curiae. Civil Appeal No. III of 1978. (From the Judgment and order dated 18th July, 1977 passed by the High Court In F.A. No. 362 of 1969). Judgment: K. Hossain......he High Court being F.A. No. 262 of 1969 which was allowed in part. Leave was granted to consider the question set out above. 3. The learned Judges of the High Court Division with reference to the decision of this Division in the case of Bangladesh vs. Abdul Mannan (1977) 29 DLR (S.C.) 17 held th..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....Attorney-General, instructed by S, S. Huda, Advocate-on-Record—Amicus Curiae. Civil Appeal No. 152 of 1978. (Arising out of C.P.S.L.A. No. 223 of 1978 on apÂpeal from the judgment and order dated 27-2-1978 passed by the High Court Division in Writ Petition No. 630 of 1977). Judgment: ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....h B B. Roy Chowdhury, Assistant Attorney' General, instructed by B. Hossain Advocate-on Record—For Respondent Nos. 1 & 2. Civil Appeal No. 160 of 1978. (On appeal from the judgment and order dated March 7, 1978 passed by the High Court Division Writ Petition No. 98 of 1977). Judgment: ...... 1st. 1972 by way of an appeal to the Minister-in- Charge of the Ministry of Communication for review of the order of acceptance of his resignation and on consiÂderation of the said representation a decision was taken by the Minister concerned for taking the appellant back in his service ; and in p..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... even if passed with immediate effect the incumbent, due to the operation of this proviso, is entitled to the benefits as admissible under this rule, only for the period from his appointÂment to the date of suspension and thus such order has not affected any statutory right of the appellant. The ap......in the judgment of the High Court Division warranting inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....Respondent No. 1. Kamaluddin Ahmed, Advocate—For ResponÂdent No. 2. Criminal Appeal No. 33 of 1978. (Arising out of Criminal Petition No. 11 of 1977 on appeal from the judgment and order dated 30-11-76 passed by the High Court Division in Criminal Revision Case No. 559 of 1975). Judg...... Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide wh..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....structed by Abu Backkar, Advocate-on-Record —For respondents 1 to 5 Ex-parte.—Respondents No. 6, 7(a) to 7(d) & 8-29. Civil Appeal No. 142 of 1977 (On appeal from the judgment and order dated June 29, 1976 passed by the High Court Division in Civil Revision Case No. 481 of 1969). Ju......thway, yet the Courts below, on erroneous view of the word 'contiguous', allowed the pre-emption case. He further contended that the learned judges of this High Court Division while approving the decision of the Courts beÂlow took an erroneous view that the word 'contiguous' is synonymous to ..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....dvocate, instructed by B. Hossain, Advocate-on-Record—For the AppelÂlant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgment Ruh......is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the order is not immune from attack being violative of the..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ate, instruÂcted by S.S. Hoda, Advocate-on-Record—For the Appellants. Aminul Huq, Advocate-on Record—For the Respondent No. 3. Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No. 718 of 1967). Judgment: K. H......       Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been insert..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....ate-on-Record—For Respondents 1& 2. A. Kashem Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on-Record.—For Respondent 3. Civil Appeal No. 54 of 1979. (From the Judgment and Order dated 6-12-78 passed by the High Court Division in Writ Petition No. 614 of 1976.) Judgment:  Â......ty authority that the vendors of the appellants ever migrated to InÂdia make it manifest that, the challenged order declaring the property in question as enemy property was without jurisdiction. The decision on the first ground covers the third ground of leave order and the appeal succeeds on these..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....dings in the Special Tribunal Case No. 258 of 1.976 and the Special Tribunal Case No. 98 of 1976, then pending before Special Tribunals. 2. The aforesaid cases arose out of Ramna P.S Case, No. 167 dated March 17, 1974 and Mohammadpur P.S. Case No. 13 dated May 4, 1974. The former case under secti......nary penal law and procedure. 11. As regards, the Powers of the High Court to quash the proceedings before the SpeÂcial Tribunals under Section 561A Criminal P.C., the learned Judges followed the decisions reported in 29 DLR (134) 145 and the unreported decision in Criminal Revision No. 63..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....ul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Court Division in Civil Revision Case No. 370 of 1993). Judg......o do so and so the application to the court. Over a performance bond executed by the respondent a lengthy injunction proceeding since 24.10.90 is on this court has granted leave to appeal from the decision of the High Court Division in the matter. The hearing of the application under section 8 h..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... on 10. 1. 1970. The plaintiff on 3.2.70 prayed for leave to the court to serve interrogatories and the court directed the defendant to reply to interrogatories of the plaintiff by 12.2.70. On this date a petition for time to file interrogatories was submitted by the defendant, and the court adjo......Mr. Md. Faziul Karim for the Respondent, we felt the necessity of taking further assistance of the Bar, as the question under consideration is of general public importance, and there is no uniform decision to cover it. Accordingly, we requested Mr. Pal to appear as amicus curiae to assist the co..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....t: KM Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the Dist......ession could not be sought for because the possession of the property is already with the agent appointed by the court. 8. Mr. Ahmed, learned Counsel, has relied for this proposition on the decision, in the case of Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94. In thi..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....n, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 56 of 1991. (From the Judgment and order dated 11.11.91 passed by the High Court Division in Civil Revision No. 1984 of 1991). Judgment ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....Huq, Advocate-on- RecordÂ-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). Judgmen...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
.... Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by the High Court Division, Dhaka, in Civil Rule No, 115(F) of 1990). ...... of the delay. Subject matter of both the appeals being same, they should be heard on merit. The other appeal is ready for hearing; if this appeal is dismissed on ground of limitation, conflicting decision is likely in the other appeal when decided on merit. The impugned condonation of the delay..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....p; Badrul Haider Chowdhury J.- This appeal is by special leave granted on 14.12.1978 by this Court to the appellant in Civil Petition No. 338 of 1978 preferred against the Judgment and order dated 7.7.1978 passed by the High Court Division in Writ Petition No. 163 of 1978 making the rule a...... (1) the High Court Division in the exercise of Writ jurisdiction could interfere with an order of conviction passed by the Special Tribunal and affirmed by the Appellate Tribunal, (2) whether the decision of the Appellate Tribunal could be corrected by the High Court Division in the exercise of..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents. Civil Petitions for Leave to Appeal No. 212 of 1992. (From the Judgment and order dated 15.3.92 passed by the High Court Division in Writ Petition No. 903 of 1992). Judgment...... MH Rahman J.- In his Writ Petition No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (respondent No. ..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-For the Respondent. Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 (Dhaka......d to testify for fear of his life. Living in the present society we cannot be oblivious of this hard reality and reject a case because independent witnesses have not been examined. In that reported decision Cornelius, CJ further observed that- "Every thing said by this Court in a ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....cate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed by the High Court Division Dhaka in Writ Petition No. 1625 of 1992)......or sale of the project assets under Article 34 of the Bangladesh Shilpa Bank Order, 1972 for realization of its loan. The petitioner unsuccessfully filed Writ Petition No. 763 of 1990 challenging the decision of the BSB to sell its assets and the leave to appeal from the Judgment of the High Court D..Category: Banking Law | Date: | Hits: 142