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....e petitioner is that the fundamental right of the petitioner to enjoy the protection of law and to be treated in accordance with law as guaranteed under Article 31 of the Constitution of the People's Republic of Bangladesh is isolated. Lastly, BADC is not a commercial establishment and as such, the ......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....s......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh, 41 DLR 56; Kazi Moklesur Rahman Vs. Bangladesh, 26 DLR (SC), 44 (Beru Bari c......ule holding that the Deputy Attorney‑General is not holding any office of profit in the Service of the Republic. We are informed that ultimately it was affirmed by the Appellate Division. 33. In Pakistan Constitution, 1973, Article 207 provides that a Judge of the Supreme Court or of a High Cou..Category: Constitutional Law | Date: | Hits: 200
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....ourt of 1st Joint District Judge, Gazipur for specific performance of contract against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defenÂdant No.2 in view of the provisions of President...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......, 52 and 74 of the Act is not required. 17. Examining the case of M. Salimullah, Advocate and others Vs. Bangladesh and others reported in 55 DLR 1 it appears that the government of erstwhile East Pakistan developed a vast area of Mirpur into residential plots under the master plan approved under..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....qually efficacious remedy is provided by law. (a) on the application of any person aggrieved make an order. (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do o......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...Category: Civil Law | Date: | Hits: 56
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
.... the Respondents. Writ Petition No. 235 of 1987. Judgment Syed Fazle Ahmed J.- At the instance of the petitioner Afia Khatun a Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the Respondents to show cause as to why the Memo No. ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....ode, about 5 years of his imprisonment and it is submitted by the learned Advocate for the appellants that in view of the Circular issued from the Ministry of Home Affairs, Government of the People's Republic of Bangladesh vide Memo No. 6/P‑70/90 Kara(2) dated 14.1.1991, he has to suffer only 1/2 ......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... Waliul Islam, Advocate ‑For the Respondent Writ Petition No.321 of 1986. Judgment Mainur Reza Chowdhury J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents were asked to show cause why the judgment and order dated 20......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
.... and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our Constitution Le the Constitution of the People's Republic of Bangladesh and further there is no immediate prospect of the trial of the case and as su......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....e Respondent No.2. Writ Petition No.276 of 1987. Judgment Syed Fazle Ahmed J.- At the instance of the petitioner Halima Bibi a Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the Respondents to show cause why the judgment and or......erties are not in his possession and under his control and management and he is hiding in the country or has left Bangladesh. It should be mentioned here that many of the owners who collaborated with Pakistani Army left the country or want into hiding abandoning their property without making arrange..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....risdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Moulvi Gholam Moula ..................Petitioner Vs. The Secretary, Ministry of Education, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgmen......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....tition No.3002 of 1991 is one Kudrat‑E‑Elahi Panir, Ex‑Chairman of Sonargaon Upazila Parishad. 4. All the Rules were issued calling upon the respondents, namely Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Local Government, Rural Developmen......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......61 (East and West Steamship Co. Vs. Queensland Insurance Co.) showing the locus standi of the present plaintiff to institute the present suit. In that decision their Lordships of the Supreme Court of Pakistan held that in a case of Marine Insurance the Insurer having paid up loss sustained by the as..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
....J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Mohammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
S. M. Zakir Hossain .................................Petitioner
Vs.
The People's Republic of Bangladesh repreÂsented by its Secretary, Ministry of Education and others…………â......d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
..
Category: Employment/Service Law | Date: | Hits: 108
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....te Judge was without jurisdiction. Secondly, he submits that in any view of the matter the remedy for the present petitioner was available either under Article 102 of the Constitution of the People's Republic of Bangladesh or by proper institution of a suit in a competent court of law for setting as......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e facts and circumstances, the learned Subordinate Judge allowed the Miscellaneous case and made the award Rule of the court. Against this judgment and order passed by the court below, the People’s Republic of Bangladesh filed a First Miscellaneous Appeal, which was subsequently converted into a r......05; Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMisra Vs. Artatrana Misra, AIR 1965 Orissa 17; Federation of Pakistan Vs.H Ghulam Mohiuddin, PLD 1960 (WP) Lahore 677. Lawyers Involved: Abdul Quiyum, Depu..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......ppeal is dismissed. Cases Referred to- PLD 1966 (Karachi) 55; 27 DLR (Dhaka) 200; AM Burq and another Vs. Central Exchange Bank Ltd. and others, PLD 1966 (Lahore) 1; Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Gover..Category: Business or Commercial Law | Date: | Hits: 196
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......cond proviso to section 4 of the Act. He submits that the impugned orders destroyed totally the vested right of the petitioner to earn his livelihood. Mr. Razzaque refers us 216 of Fundamental Law of Pakistan by AK Brohi to contend that a vested right cannot be taken away by giving a retrospective e..
Category: Civil Law | Date: | Hits: 83
....tate Acquisition and Tenancy Act, 1950 and the same has occasioned failure of justice.
8. Mr. AQ Rashid Ahmed, the learned Assistant Attorney-General appearing for the Government of the People’s Republic of Bangladesh, opposite Party No.3, submits that the learned Courts below rightly dismissed......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....amily Court Ordinance, 1985 alleging infringement of the provisions of section 6(5) and 6(7) of the said Ordinance and also that the suit is hit by Article 28(2) of the Constitution of the People’s Republic of Bangladesh. 13. The learned Senior Assistant Judge and Family Court Chouddagram rejec......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
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