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Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......use to the respondent in presence of witnesses. Since then the respondent with her husband was living therein as the rightful owner. After her marriage the respondent's father, Manzur Ahmed, left for Pakistan to visit his relatives and died there. During the disturbance in 1975 the respondent wa..Category: Property Law | Date: | Hits: 31
.... except services mentioned in second schedule all services rendered within Bangladesh are to be charged with VAT, that in the contract signed between the parties i.e. Government of the People's Republic of Bangladesh and the respective PSI Agencies there is no clear stipulation as to payment o......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
....er what authority he was holding the said office of the Secretary-in-charge on the following averments.
4. In exercise of the powers conferred under Article 133 of the Constitution of the People's Republic of Bangladesh, the President framed the Legislative Drafting Officers (Ministry of Law, Jus......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......ants and stating, inter alia, that Shihamul Haque, his father Enamul Haque and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from India, Chaturi Tanti along with Shibulal, Bhutu, Surjagaya and Nathu..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ....... It is a well-known and settled principle of law, as propounded in the case of Mst. Mumtaz Begum and others Vs. The State reported in 1968 PCrLJ 97, a case initiated under the provisions of the West Pakistan Suppression of Prostitution Ordinance, 1961 providing that the investigation into the alleg..Category: Fiscal/Taxation Law | Date: | Hits: 75
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (AD) 6; Jafar Ul Ahsan Vs. The Republic of Pakistan, P.L.D. 1960 (SC) 113; Kh. Ehtesham Uddin Ahmed @ Iqbal Vs. Bangladesh and othe......d Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (AD) 6; Jafar Ul Ahsan Vs. The Republic of Pakistan, P.L.D. 1960 (SC) 113; Kh. Ehtesham Uddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (..Category: Criminal Law | Date: | Hits: 101
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
.... S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land and others 9 BLC (AD) 56; Sade......48 and as such the same is made without lawful authority and is of no legal effect. 18. Town Improvement Act, 1953 was enacted in the year 1953 and Section 93A was inserted in the said Act by East Pakistan Ordinance No. 49 of 1953 and the same was amended from time to time. Section 93A (1) run..Category: Property Law | Date: | Hits: 79
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... "No. FMB/AC-24/72-346-23rd August 1972-in exercise of the powers conferred by sub-section (1) of section 3 of the Anti-Corruption Act, 1957(E.P. Act XXVI of 1957), the Government of the People's Republic of Bangladesh is pleased to notify that the Bangladesh Bureau of Anti-Corruption shall also......ion under this Act" (Section 7). Thus the Customs Act, 1969 has empowered only the Customs officer and in present case no such power had been conferred on the Anti-corruption as was done in India and Pakistan under the Land Customs Act, 1878 as mentioned above insofar the border police and coast gua..Category: Fiscal/Taxation Law | Date: | Hits: 129
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......y way of inheritance and the plaintiff Nos.3 and 4 claimed title on the basis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left East Pakistan for West Bengal surrendering the suit tenancy against redemption of arrear rent, in favour..Category: Property Law | Date: | Hits: 38
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
.....5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugning letter bearing Nos. 23, 40, 04, 01, 23, 2004-219(3) dated 22.04.20......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. .......1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. the Province of East Pakistan (1968) 20 DLR (S..Category: Property Law | Date: | Hits: 67
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....shy;tion 4 of Act, 1974 as also Rule 3, 4 and 10 of Rules 1975 are not in any way violatives of the fundamental rights guaranteed under the constitution of the People's Republic of Bangladesh. 6. As it appears in 51 DLR (AD) 152 the Appellate Division held as f......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
.... our constitution? It is the power of the High Court Division under Article 102 of Constitution to issue certain orders, directions, etc, upon a person performing any function with the affairs of the Republic or of a local authority. While the right to move the High Court Division in accordance with......angladesh 44 DLR (AD) 111; Sp Sampath Kumar Vs. Union of India AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2);L. Chandra Kumar Vs. Union of India AIR 1997 (SC) 1125; Pakistan Vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105=13 DLR (SC) 100; Province of West Pakistan Vs. Di..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....E (Law and Parliamentary Affairs Division) NOTIFICATION Dacca, the 26th September 1975. No. 692 Pub. The following Ordinance made by the President of the People's Republic of Bangladesh, on the 26m September, 1975, is hereby published for general information: ......gal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the liberation war and was ultimately promoted to the rank of Lieutena..Category: Constitutional Law | Date: | Hits: 167
.... is in the process of completion, as such, High Court Division erred in law in not considering that the respondent has got no legal right to come under Article 102 of the Constitution of the People's Republic of Bangladesh. The learned Attorney General further submitted that the High Court Division ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....zzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, Justice & Parliamentary Affa......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 88
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ro. V. State of U.P. AIR 1971 SC 1050; Subeder V. State of U.P. AIR 1971 SC 125; Ram Sanjiwan Singh V. State of Bihar, AIR 1996 SC 3265, S; Partap Singh V. State of Punjab AIR 1964 S.C. 72; Islamic Republic of Pakistan Vs. Abdul Wali Khan 1976 PLD S.C.57; National Textile workers’ Union V.......Punjab, AIR 1980 SC 898; State of Andhra Pradesh Vs. P.T. Appaiah AIR 1981 SC 265; Tanviben Pankajkumar Divetia Vs. State of Gujarat, AIR 1997 SCC 7156; M S K Ibrat V. The Commander in Chief, Royal Pakistan Navy, 4 DLR (SC) 128; Balbir Singh and another V. Panjab, 1995 1SCC 90; Major E.G.Barsay ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....f the President and his family members they compelled the Chief of Army, Navy and Air Force to express their allegiance of the killing and accepting Khondker Mostaque Ahmed as the President of the Republic and that thereafter they stayed at Bangabhaban and guarded Khondker Mostaque Ahmed and the...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....erence shall be final.’’ ......isul Huq, the learned Advocate appearing for the respondent-State, has referred to the provisions of Sections 377, 378 and 429 of the Cr.P.C. and has submitted that the decided cases of Bangladesh, Pakistan and India demonstrate that the third learned Judge has been endowed with wide discretion t..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......, Murshed, J as he then observed as under: “Although my learned brothers have both concurred in affirming the conviction of appellant Mahim Mondal under Section 304 of the Pakistan Penal Code as well as the sentence pronounced upon him thereunder, the entire case with r..Category: Criminal Law | Date: | Hits: 208
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