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Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
.... Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Divis......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
....y by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to and arising out of-
(a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishment :
......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......erumal Pillai, AIR 1936 Madras 651; Abdul Barek Mia and others Vs. AMM Serajul Islam, 20 DLR 501; Delower Hossain Vs. Saber Ahmed Kutubi Chowdhury and others, 29 DLR 211; Kaysons Vs. National Bank of Pakistan, Karachi, PLD 1972 Karachi 174; Abdul Jalil Munshi and another Vs. Abu Bakr Siddique, 35 DL..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... such final contract was ever made In between the parties. Moreover, a judicial notice may be taken to the facts that by virtue of the general notification in the year 1965, under the then Defence of Pakistan Ordinance, 1965, the properties of the defendant‑bank were declared as enemy property and..Category: Property Law | Date: | Hits: 70
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......raham Vs. IT Officer AIR 1961 SC 609; Nesar Ahmed Vs. Government of Bangladesh 49 DLR (AD) 111; Bangladesh Bank Vs. Zafar Ahmed Chowdhury, 56 DLR (AD) 175; Kumudini Welfare Trust Vs. Province of East Pakistan, 12 DLR (SC) 17; Muhammad Amir Khan Vs. Controller of Estate Duty, PLD 1961 SC 119; Titaghu..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......d to be of no legal effect. 2. The case of the petitioner, in brief, is that she joined on 24.12.52 as the Tourist Information Assistant in the Department of Tourism of the Government of erstwhile Pakistan and the said post was renamed as Assistant Information Officer. After liberation of Banglad..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....hip of Pakistan but his prayer was rejected holding that he was still an Afghan national. Apart from that, the petitioner is a national of Afghanistan in view of the passport issued by the Democratic Republic of Afghanistan and this fact was not denied by the respondent Government. 10. The next g......er No.16 of 1972. 3. The Government contested the case alleging that the petitioner was an imposter and not the widow of late Abdul Khaleqe. Both Abdul Khaleqe and the petitioner were nationals of Pakistan. As the house property in question was left uncared for and the whereabouts of Abdul Khaleq..Category: Property Law | Date: | Hits: 73
....d MA Zahed, Advocates ‑ For the Respondent No.6.
Writ Petition No. 3490 of 1992.
Judgment
Anwarul Hoque Choudhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against Memo No. SPRM/Forest/27/92‑93/135 dated 15.9.92 issued ......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....ding‑ (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 operations against the People's Republic of Bangladesh." 14. It is in evidence that the suit property was taken over as abandoned......m of the plaintiff was never denied. Hence there is no question of limitation. 16. There is no allegation that the plaintiff acquired citizenship of any other country. Plaintiff being admittedly a Pakistani national before liberation and a resident of Dhaka city and the suit property was leased o..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... TH Khan, Arbitrator and execution of the Arbitrator Agreement the third meeting of the Council Committee on Insurance was held on 21.7.198 presided over by the Hon’ble Vice President of People’s Republic of Bangladesh (page 2 of the Additional Paper Book‑1) and the subject matter was handing ......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......tright. Under section 99 of the Penal Code, the right of private defence does not extend to the causing of more harm than it is necessary to cause for the Purpose of defence. Under section 104 of the Pakistan Penal code the right of private defence is circumscribed by the limits mentioned in section..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ammad Shahabuddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat,...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....ner. A Baset Mazumder, Advocate ‑Respondents. Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Admini......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......fter the withdrawal or abandonment of previous suits. Mangi Lal and another V.Radha Mohan and another, AIR 1930 (Lah) 599. Haji Ashfaq Ahmed Khan and others VS Custodian of Evacuee Property Pakistan, PLD 1966 (Kar) 597 relied…………………&hel..Category: Procedural Law | Date: | Hits: 92
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995....... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......ners challenged the order of Board of Revenue by filing a Writ Petition being Writ Petition No.168 of 1964. This petition was dismissed in January, 1966 and further appeal before the Supreme Court of Pakistan was also without any success. The owners then formed a Co-Operative Society and filed a tit..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......greement under section 20 of the Arbitration Act. There was a contract, No. S/7/509/70-71 dated 9.2.71, between plaintiff-respondent No.1 and defendant No.2, namely, Director of Supply, Government of Pakistan, hereinafter referred to as “the buyer” for the supply of 57,50,000 B. Twill gunny bags..Category: Alternative Dispute Resolution | Date: | Hits: 147
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
.... Hussain Muhammad Ershad, with the help and mercy of Almighty Allah and blessings of our great patriotic people, do hereby take over and assume all and full powers of the Government of the People’s Republic of Bangladesh with immediate effect from Wednesday, 24th March, 1982 as Chief Martial Law A......others................Respondents (In Civil Petition No. 68 of 1982) Judgment June 30, 1981. Cases Referred To- State Vs. Dosso, (1959) 11 DLR (SC) 1 = PLD 1958 (SC) 533; Province of East Pakistan Vs. Md. Mehdi Ali Khan, (1959) 11 DLR (SC) 318; PLD 1959 SC 387; Diabati Vs. Inderjit, AIR ..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ose for promulgating the Ordinance has been clearly stated in the preamble of the Ordinance. It is said "whereas it is expedient to make better provisions for the control of rent of premises in (East Pakistan) Bangladesh." This preamble speaks of protection of the poor tenants from being harassed ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......ion 85 of the Evidence Act, inter alia, says that the court shall presume that every document purporting to be a power of attorney and to have been executed before and authenticated amongst others by Pakistan Consul or Vice-Consul was so executed and authenticated. 5. So far as the scope of this ..Category: Property Law | Date: | Hits: 63
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