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Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... the Parliament yet they are illegally drawing salary, allowances, car facility, telephone facility and other facilities as allowed to them and thereby causing financial loss to the people and to the Republic of Bangladesh. Respondent Nos. 3‑5 made statement in different daily newspapers that they......on under Article 102 of the Constitution is not necessarily to be treated under civil, criminal or any other jurisdiction. The 'Writ jurisdiction' "in the language of Mr. AK Brohi, Fundamental Law of Pakistan, page 446" for want of better expression should be characterised as "Constitutional" Jurisd..Category: Constitutional Law | Date: | Hits: 344
Indu Mod Howlader Vs. Additional Deputy CommiÂssioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......a settled law that before any property is treated as enemy property the authority concerned must prove that the owner, concerned migrated to India before the enemy property law namely, the Defence of Pakistan Ordinance and Rules, 1965 came into operation. The case of Abul Khayer Miah being dead his ..Category: Property Law | Date: | Hits: 84
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... Memo dated 21-03-1972. The memo dated 31-04-1972 is based on a Memo dated 28-03-1969, issued by the Regulation Branch of Services and General Administration Department of the then Government of East Pakistan. The said Memo dated 28-03-1969 is earliest in this respect. It reads as follows (Annexure-..Category: Employment/Service Law | Date: | Hits: 208
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......t the High Court can interfere where an error or defect in procedure is committed by the lower appellate Court. There is no dispute about the proposition of law. S.A. Rahman J of the Supreme Court of Pakistan after considering the decision of the Privy Council in the case of Mussummat Durga Choudhri..Category: Property Law | Date: | Hits: 103
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....iruzzaman Khan, Advocate - For the Respondent No.9. Writ Petition No. 272 of 2007. Judgment Syed Mahmud Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to (i) ...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the same. Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing in securities. B..Category: Business or Commercial Law | Date: | Hits: 219
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......ginal holding the former co-sharers cease to remain co-sharers with right to preÂemption. This is a settled law; reference, if at all necessary, may be made to the deciÂsion of the Supreme Court of Pakistan in the case of Begum Asia Rahman, 26 DLR (SC) 58 and the decision of the Court in the case ..
Category: Property Law | Date: | Hits: 128
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....ne) month. Being threatened that the petitioner Company may be closed down, they issued demand of justice notice and then filed the application under Article 102 of the Constitution of the People’s Republic of Bangladesh and obtained the present Rule. 3. It is submitted that the aforesaid deman......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......5 contained in Annexure –I to the petition, the petitioner filed this application and obtained the present Rule. 3. It appears from the record that the petitioner joined service in the then East Pakistan Water & Power Development Board as a Lower Division Assistant in the office of the Chie..Category: Employment/Service Law | Date: | Hits: 184
....igh Court Division
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MM Ruhul Amin J
Karamat Ali and others…………………Petitioners.
Vs.
Government of People’s Republic of Bangladesh and others…………………Respondents
Judgment
December 9, 1997.
......tition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chowdhury and 58 others Vs. Province of East Pakistan and Secretary, Finance and Revenue Department, Government of East Pakistan, 9 DLR (SC) 21; ..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ain with HR Sharif, Advocates - For the Petitioner. Writ Petition No. 6762 of 1997. Judgment AM Mahmudur Rahman J.- This Writ Petition under Article 102 of the Constitution of the People’s Republic of Bangladesh is at the instance of the petitioner, Major General Moinul Hossain Chowdhury.......12-1997 and promoting him to the rank of Lt. General under Notification No.1-Pa-2/90/D-18/131 dated 3-6-1997 of the Government of Bangladesh, Ministry of Defence. 3. The petitioner joined the then Pakistan Army in 1962 and was graduated from the Kakul Military Academy with distinction. Subsequent..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....le (Indemnity) Order, 1973. Relevant Article 3 of the said order is quoted below: "3. A public prosecutor shall, upon the Government certifying that a case against any person in the service of the Republic or against any other person for or on account of or in respect of any act done by him durin......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......r, Karachi purported to withdraw the prosecution against Mahboob Ahmed in exercise of his powers under sub-section (4) of section 10 of the Criminal Law (Amendment) Act read with clause 5 of the West Pakistan Administration (Merger of the Federal Territory of Karachi) Order, 1961. The Karachi High C..Category: Criminal Law | Date: | Hits: 81
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....¦â€¦.Respondents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......city taxes, is under challenge. 2. The capacity tax was recognised by the Constitution (6th Amendment) Act, 1966 by addition of Item i) to Entry No. 43 of the Third Schedule to the Constitution of Pakistan, 1962. By this amendment the Central Legislature was authorised to make laws in respect of ..Category: Fiscal/Taxation Law | Date: | Hits: 199
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......voidance and settlement of any difference or dispute arising between them or matters connected therewith and ancillary thereto. At the time of the promulgation of this Ordinance there were three East Pakistani enactments, regulating the relations between employees and employer namely, East Pakistan ..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....ensation Board, Ex parte Lain [1967] 2Q.B. 864; Bank of Scotland Vs. Investment Management Regulatory Organisations Ltd. 1989 SLT 432; R Vs. International Stock Exchange of the United Kingdom and the Republic of Ireland Ltd. ex-parte Else, (1993 QB 534; R Vs. Press Complaints Commission ex-parte Ste......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
....or the Petitioner.
A.B.M. Altaf Hossain, Deputy Attorney General - For the respondents.
Writ Petition No. 2709 of 2008.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, is......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....e GovernÂment to execute and register a sale deed in favour of the petitioner within 60 days as it transpired, at the time of appeal-hearing, that the said property had in the meantime vested in the Republic in view of Article 143 of the Constitution because of the death of the said Lady intestate ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgÂment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....mir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of BanglaÂdesh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath, 10 MLR (......Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Al..Category: Property Law | Date: | Hits: 123
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