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Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....f the Act public servant means a public servant as defined in section 21, Penal Code", and held:-"The true test, therefore, in order to determine whether a person is an officer of the Government, is: (1) whether he is in the service or pay of the Government, and (2) whethe......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. ...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... Division (Criminal) Present: ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Shafiuddin Mia.........................................Appellant. Vs. The State…………………………&h..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
.... East Bengal which stepped in the shoes of the Province, of Bengal and it contested the suit. The case of defendant No. 1 which is relevant for our present purpose, inter alia, in brief, was that the Government or any of its officers had no mala fide in July, 1944 one Aswini Kumar Das complained tha......ammad 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............................Respondents
Judgment
August 24, 19......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......
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)
.... import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the ......mand to furnish Bank guarantee having been made in pursuance of public notice and not under the aforesaid S.R.O. 49 (R)/66 or the act of 1950 is not validated under Section 7 or Act III of 1967. Bangladesh was substituted for the Government of Pakistan to undertake the rights and liabiliti...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......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..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....tend to three months or with fine which may extend to five hundred Takas, or with both. (2) A court convicting an offence of hoarding or dealing in the black-market shall order the forfeiture to Government of anything in respect of which the offence was committed. (3) Where an offence of h......or sentencing a person to death or to transportation for life, an appeal lay as of right to the Appellate Division of the Supreme Court, as provided under Article 103 of the Constitution of Bangladesh. 67. Under new section 30 appeals lay to the Appellate Tribunal (one membe......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......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,..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......t Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Assoc......Reported in: 28 DLR (AD) 190. ......Syed A. B. Mahmud Hussain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Association................Respondent Judgment May 17, 1..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....tta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No......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. ............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............Respondents (In both the appeals Judgment ...... 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..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....ary between those plots, he on 13-2-68 made an award, the sketch map forming part thereof. This award was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad...... Supreme Court Appellate Division (Civil) Present: Syed ABM Husain CJ Kemaluddin Hossain J Fazle Munim J Salamat Khan...............................Appellant Vs. Q.G. Ahad...………………………&hellip..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....he "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connection he referred to the case of Public Prosecutor, Government of Pendichari Vs. Abdul Aziz Khan and another, reported in A.I.R. 1970 (Mad)-311. Mr. Cho......ing of Section 36(2) (b) of the Special Powers Act and in support of his contention he relied on the decision of the Appellate Division of this Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....e is, therefore, requested to take necessary action in consultation with the C.D.A. and send a draft notice for withdrawal of the said land under section 8B of the Act for further action by Government.
Deputy Commissioner's case records relating to L.A. Case No. 21/65/66 received ......
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgment
September 2,......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….............eme Court
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh……&..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....ioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (which I will call the said Act) to the then Provincial Government. The secretary Revenue Department, who heard the application on 2-8-69, held the order of......(Special Original Jurisdiction)
Present:
Fazle Munim J
S. Ahmed J
The College of Music ............................Petitioner
Vs.
Secy. Revenue Department, Govt. of Bangladesh
2. Deputy Commr, Dacca & 4 others..............Respondents
Judgment
Ju......July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6.
......;
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......pondents. S.M. Nurul Alam—For Respodt. Nos. 3-4. Petition No. 1231 of 1974 In tie Matter of:(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article ......isdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule ......ourt Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment J..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
....rintendent Chittagong Jail………………....For the Petitioner
Judgment
June 26, 1975.
Result:
The rule is made absolute.
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyon......son of late Sadar Ali, accused in custody)......Petitioner
Vs.
1. The State, represented by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Buildings, Dacca.
2. Sub-Divisional Magistrate, Sadar (North) Chitta......ssion of the charge-sheet before the Special Tribunal has rendered the detention illegal.
The detention of the accused beyond the initial period of 6 months after his arrest is thus illegal and without lawful authority and he is being held in custody without lawful authority and in an......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 ..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....er of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order......d when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as ......dings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found tha...... ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......hese sub-centers which were conducted peacefully, the Presiding Officer declared the petitioner elected Vice-Chairman of the Union Panshad. The result of the election was accordingly published in the Bangladesh Gazette as per rule 43 of the Union Parishad and Pourashava Election Rules, 1973. The res...... Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Resul......) Present: Fazle Munim J Shahabuddin Ahmed J Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....risdiction) Present: Fazle Munim J Shahabuddin Ahmed J Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgmen......J Shahabuddin Ahmed J Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The R......nbsp; ......iginal Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ......n) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Ban......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni......n (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents J..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....tened at the time of the occurrence. The plaintiff laid his claim for damages and compensation in respect of various items of injuries at a total sum of Tk. 2 lacs.
The suit was contested by the Government of East Pakistan as well as by the contractor, Defendant No. 2, by filing separate writte...... 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..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....o. 21 & 22 of 1973
Judgment
Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the Ministry of Industries, ......Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
......(In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result......Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ...... In the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Awar......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo...... Present: Fazle Munim J Shahabuddin Ahmed J Badruddin……………………………………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....rdinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued ...... were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangladesh. 4. On the prayer of both parties the learned Subordinate Judge took up the question......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques...... 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..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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