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Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......nd others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Direct..Category: Others | Date: | Hits: 224
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ng liberation movement and afterwards the whereabouts of Mohammad Ali Meghani and his daughter were not known to the Government and they were citizens of Pakistan which was at war with the People's Republic of Bangladesh. So the case property absolutely vested with the Government as an abandoned ...... she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled as residents of Chittagong in 1947. The husband of the writ petitioner also came to the then East Pakistan in 1947 from Bombay and permanently settled at Chittagong. The writ petitioner was married..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......t to the Gazette Notification dated 24.8.77 (Annexure-D) issued by respondent No.1. The appellants case, inter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant No. 2. is the Managing Director ..Category: Property Law | Date: | Hits: 39
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....; (c).....................................; (d).....................................; (e) he holds any full-time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or (f) he is a pa......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......eal are that the appellants and their predecessors filed the above Case No.566 of 1987 in the Court of Settlement Dhaka stating that their predecessor Md. Hanif migrated from India to the then East Pakistan along with his wife Aliman Khatoon and son Serajul Huq, the petitioner Nos.1 and 2 in the..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ...... same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. 4. The appellant Government and th..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ommissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....1981 allowing the appeal on setting aside the judgment and decree passed by the learned Subordinate Judge, First Court Mymensingh in O.C. Suit No. 102 of 1973. 2. The plaintiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, M......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....the time being in force, on the commencement of this Order, all suits, appeals, applications and other legal proceeding pending or continuing in any court against the Government of the People's Republic of Bangladesh in which the legality or validity the State Acquisition and Tenancy Act, 19......owdhury Tanbir Ahmed Siddiky............................Respondent Judgment March 18, 1997. Cases Referred to: Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR ..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....udur Rahman J. - This appeal by leave is directed against the judgment dated 14 June, 2000 rejecting the Writ Petition No. 3159 of 2000 summarily. 6. The appellant, an ex-President of the People's Republic of Bangladesh and an elected Member of the Parliament of the Jatiya Party ticket, filed t......nciple of natural justice cited the decision in the case of Province of Sind v. Public at Large PLD 1988(SC) 138 wherein a Shariat Appellate Bench on reference to Article 203-D of the Constitution of Pakistan, 1973 observed that any provision of law where under some one can be harmed or condemned wi..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
.... on the following reasoning's:- "Under Section 4(2) of the said Act the jurisdiction of the Administrative Tribunal can be invoked only by a person in the service of the Republic or in the service of a statutory public authority. In other words, his employer is a......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......member of minority-community, that summons of that suit was fraudulently suppressed in that three of the defendants were already dead and most of the other defendants had left Pakistan for India long before the filing of the suit. 4. The allegations contained in..Category: Property Law | Date: | Hits: 40
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.........Appellant Vs. Mrs. Nadera Rahman………………………Respondent Judgment April 2, 1985. Result: The revisional application is dismissed. The Waqf Ordinance, 1962 (East Pakistan Ordinance No. I of 1962), section 32 (3) The Limitation Act, 1908 (Act No. IX of 1908), ..Category: Procedural Law | Date: | Hits: 112
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Dep..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ...... of the holding is found to have been elaborately discussed in the judgments of both the trial Court and the lower Appellate Court. It has been found by both the Courts that Priyabala left the then Pakistan and started residing in West Bengal from where she never returned to Pakistan nor did sh..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....nd others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Banglade......Their importance cannot be whittled down. Nor can the Court give up even a fraction of this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (19..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......t in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence." In the same light the Supreme Court of Pakistan in the case of Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR SC 156, observed-that the ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......o. 397 of 1989. 6. Appellant's case before the High Court Division in his affidavit in opposition was that lessee Mr. Wali Mohammad and his two brothers including Abdur Rahman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties wit..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Vs Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of P......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
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