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Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ...... Present: Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others……&hellip......Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment ......t matter of the supreme law-making body, to regulate the time of retirement of the government servants. How long the public servant would be continuing in service, is a matter to be determined by the State…………….(7) It is true that the petitioner being in servi..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ...... Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigation Co. and others………………&he......Bangladesh or whose where­abouts are not known or who has ceased to occupy, supervise or manage in person his property, including— (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March 1971, was at war with or engaged in military ope..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... ABM Husain CJ A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20...... of 1973. 2. The only question involved in this appeal is whether the suit by the appellant for a declaration that they are entitled to a certi­ficate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling th..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ......iction) Present: Badrul Haider Chowdhury J Siddique Ahmed Chowdhury J Nur Hossain & Nur Hossain Howlader…………………Appellant Vs. State…………………………&helli...... Present: Badrul Haider Chowdhury J Siddique Ahmed Chowdhury J Nur Hossain & Nur Hossain Howlader…………………Appellant Vs. State……………………………&hellip..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......ial Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment....... Bangladesh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and other..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......t Class, Sadar (S), Dacca in G.R. Case No.2060 of 1969/149/70 which is now pending in the 3rd Court of Additional Sessions Judge, Dacca. 2. The appellant was appointed Mutawalli of the Shahajadi Begum Waqf Estate by the Administrator of Waqfs. One Mohammad Akshad alias Bhola Mia claiming himsel...... Division (Criminal) Present: ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Shafiuddin Mia.........................................Appellant. Vs. The State…………………………&h...... (Criminal) Present: ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Shafiuddin Mia.........................................Appellant. Vs. The State……………………………&hellip..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......sion (Civil Appellate Jurisdiction) Present: Sayed Mohammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Re­public of Bangladesh) and others..........ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... the said earlier law effective from the date when it was passed. This position is treated as firmly established since the decision of the Federal Court in the case of United Provinces Vs. Mst. Atiqa Begum, 1940 FCR 110 (AIR) 1941 PC 16)."   53. In another case, State of Tamil Na......J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangla­desh) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 196...... Stone, (1902) 187 U.S. 281; Shri Prithi Cotton Mills Ltd. Vs. Broach Borrough Municipality, AIR 1970 (SC) 192; Municipal Corporation Vs. New Shrock Spg., AIR 1970 (SC) 1292; Rai Ram Krishna Vs. State of Bihar, AIR 1963 (SC) 166; United Provinces Vs. Afiqa Ikgum, 1940 FCR 110; State of Tamil Na..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......nd not by that prevailing at the date of filing of the appeal” 35. Now let us refer to an illuminating judgment of the Federal Court of India, in the case of United provinces Vs. Mt. Atiqa Begum and others, A I R. 1941 Federal Court 16, wherein while considering the Regularization of Remi......nt: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29,......l Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29, 1976. R..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... Fazle Munim J Gurudas Saha............Appel­lant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others............Res......fence of Pakistan Rules. The relevant Rule is 161 (b) and it may be stated as follows: "161. Definition—For the purpose of this part the expression enemy means: (a) any State, or Sovereign of a State, at war with (or engaged in military operations  against) ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h......n) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State……………………………&hellip..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ......nbsp; To The President, and the Secretary, Zindabahar Union Awami League, Dacca. The stair case of 2nd building ground floor, Nawab Yusuf Market; Dacca has been allotted to Mrs. Rekana Begum, 13. Shamsabad Lane, Dacca on 27. 3. 73 for its conversion into a shop room. The said allottee......urt Division (Special Original Jurisdiction) Present: Fazle Munim J  Shahabuddin Ahmed J Md. Shahabuddin ………………Petitioner Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Bu......gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ......Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home  ......diction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home   Affairs,  Govt. ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ......tners of M/S. Moin & Co. in equal shares. Mr. Moinuddin executed a registered power of attorney in favour of his brother Mr. Abdur Rashid, the present petitioner in 1970 to run the industry. Mrs. Begum Bibi, the mother of these two partners of the firm in the owner of the premises at 150, Nawabp......iginal Jurisdiction) Present: Fazle Munim J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ......can exercise the powers under section 79 sub-section(3) of the Act……………………(23) Cases referred to- Sree Meenakshi Mills Ltd. Vs. the Assistant Registrar of Joint Stoke company Madura; AIR 1938 Mad. 640. Bal Krishna Maheswari ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ...... High Court Division (Criminal Appellate Jurisdiction) Present: A.T. M. Masud J Amirul Islam Chowdhury J Nazrul Islam alias Md. Nazrul Islam..................Appellant Vs. The State………………….Respondent Judgment ......ivision (Criminal Appellate Jurisdiction) Present: A.T. M. Masud J Amirul Islam Chowdhury J Nazrul Islam alias Md. Nazrul Islam..................Appellant Vs. The State………………….Respondent Judgment May 2, 1..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ......nt: D.C. Bhattacharya J A.S. Faizul Islam Choudhury J Abdul Awal and others…………………………….Appellants Vs. Mofasiluddin Ahmed and others……………Respondents Judgm...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ...... High Court Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 2......osite Party Judgment April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram Babu Vs. State, DLR (1950) SC 155. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ......) Present: D. C. Bhattacharya J S. M. Mohsen Ali J Bangladesh………………………………........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 1......an Appeals 467.; Surendra Lal De Pal Vs. Satya Tamas Ghosal, 12 D.L.R. (S.C.) 214; Lope Vs. Muddun Mohan 13 Moor's Indian Appeals 467;  Maharaja Bahadur Keshora Prosad Singh Vs. Secretary of State,  A.I.R. 1927 P.C. 89 ; 54 I.A. 156, 31 C.W.N. 717; Rahimuddin Matabbar Vs. Naimuddin How..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2