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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....spondents. Writ Petition No.1316 of 1992. Judgment Mohammad Ismail Uddin Sarker J.- This rule Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/II......pondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (AD) 143; Government of East Pakistan Vs. Nur Mohammad, PLD 1964 (SC) 451; Abdur Rahman, Advocate Vs. The Collector and Deputy Co..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, on 26-7-2010, upon an application by the Chief Prosecutor of the In......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Azim with Mohammad Abdus Sala......er 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Associa­tion Vs. Union of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268; Malik Asad Ali Vs. Federation of Pakistan, PLD 1998 Supreme Court 161;Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahabb-ul-Kh..

Category: Constitutional Law | Date: | Hits: 228

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......ioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority,..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....e Judiciary, they exercise the sovereign judi­cial power similarly as the members of the cabinet exercise the executive power and the members of the legislature exercise the legislative power of the Republic. In a democracy such as ours, the Executive, the Legislature and the Judiciary constitute t......f is all the more necessary with an eye to uphold in their rank, priori­ty and status in public perception and that the impugned Warrant of Precedence is fundamentally different from those of India, Pakistan and USA. 8. It is contended on behalf of the petition­er that claiming precedence by on..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ......ribed below known as properties of M/s. Bhajalal Todi and Satyapada Todi, 150/152, B.K. Road, Narayanganj was declared as Enemy Property (Jute) after the war of 1965 as per Rule 182 of the Defence of Pakistan Rules. Its assets and liabilities including maintenance and man­agement were vested in the..

Category: Property Law | Date: | Hits: 82

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391...

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....i Shafiuddin J Mainur Reza Chowdhury J lqbal Ahmed Quraishi...........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka...........................Respondents Judgment November 18, 1991......uthority and to be of no legal effect. 2. The case of the petitioners as follows: That heirs a Bangladeshi citizen who after the partition of India migrated from Gazipur, India to the then East Pakistan now Bangladesh on 25.9.49 for permanent settlement. Since then he has been living in Bangla..

Category: Property Law | Date: | Hits: 86

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......he conclusion of the High Court Division in the said case was upheld by the Appellate Division entirely on a different ground. 6. It appears that section 19 of the Customs Act, 1969 was amended in Pakistan by Ordinance No. XXX of 1979 by inserting sub‑section (2) in section 19 of the said Act t..

Category: Fiscal/Taxation Law | Date: | Hits: 131

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....e J.- At the instance of MM Enterprise Limited 224, Bara Maghbazar Dhaka represented by its Director, Syed Tazammul Hussain a Rule Nisi under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh was issued upon the respondent General Certificate Officer, Collectorate Buil......hese dues have been fixed, determined and established in accordance with law. In support of his submission, Mr. Khandker has cited the decision on the case of Miah Mohammad Latif Vs. Province of West Pakistan, through the Deputy Commissioner, Khairpur and another reported in 22 DLR (SC) 98, Hannaco ..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....onnected papers on record. At this stage we have to consider whether the points raised on behalf of the petitioner is justified in a review petition. Article 105 of the Constitution of the People’s Republic of Bangladesh provides for review of a judgment or order passed by the Appellate Division w......R 1964 S.C.1372; Ekushey Television Ltd. and another Vs. Dr. Chowdhury Mahmood Hasan and others, 55 DLR (AD) 26; Lt. Col. Nawabzada Muhammad Amir Khan Vs. The Controller of Estate Duty, Government of Pakistan, Karachi and another, PLD 1962 SC 335; Zulfikar Ali Bhutto Vs. The State, PLD 1979 SC 741; ..

Category: Civil Law | Date: | Hits: 238

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......e question of the nature and character of the document should have rejected the pre‑emption petition under Order 7 rule 11 CPC. On this point he has referred to the decision of the Supreme Court of Pakistan in the case of Abdul Wahed Vs. Mst. Jamrat, reported in 19 DLR (SC) 136. In that case it wa..

Category: Property Law | Date: | Hits: 89

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....d show cause notice before the dismissal order was passed. 15. So far as the principle of second show cause notice is concerned, this is provided in Article 135 of the Constitution of the People's Republic of Bangladesh for protection of any person holding a Civil post under the Republic. 16. ......igh Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. The Province of the Punjab, PLD 1949 Lahore, 219; Habib Khan Vs. The Federation of Pakistan, PLD 1954 Sind, 199; AIR 1948 PC 121; PLD 1948 PC 150; Ramesh Chandra Das Vs. Providence of..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....al Attorney General-For respondent No.1. Writ Petition No. 4700 of 2010. Judgment Syed Mahmud Hossain J.- In this application under Article 102(2) (a) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why t......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ajid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), 35 DLR (AD) 216; Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Noor Mohammad Khan & others Vs. Government of the People's Republic of Bangladesh & others, 42 DLR (1990) 436; Moinuddin Ahmed alias Farooq Vs. Khusheda Be......mad Khan Vs. Bangladesh, 42 DLR 435; Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 329 and Bangladesh Vs. Abdul Hye, 56 DLR (AD) 53; Aminul Islam Vs. M/S. Kilburn & Co. Ltd. Pakistan,; Jinnat Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), ..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

..... Aminul Huq, son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal institution and was function...... who had not fair and even handed treatment in that Division. It appears to us particularly from the aforesaid portion of the judgment that the leaned Judges became touchy in the matter.” 22. In Pakistan, amended contempt of Court Act suggested that the following shall not amount to commission ..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....the formation of Selection Committees by the Administrative Ministry (Ministry of Power, Energy and Mineral Resources) and such Selection Com­mittees consisted of the most prominent top brass of the Republic. Those Selection Committees forward­ed the names of the suitable candidates to the Preside......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....dy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..

Category: Constitutional Law | Date: | Hits: 165

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....ashuque Hossain Ahmed, AAG - For the Opposite Parties. Writ Petition No.1977 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collec......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...

Category: Employment/Service Law | Date: | Hits: 59

Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)

....Judgment Mainur Reza Chowdhury J.- This is an application by Nikhil Kumar Sarker, Assistant Teacher, Goalundo Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause a......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..

Category: Employment/Service Law | Date: | Hits: 82