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Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers In......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....is beyond the scope of Article 133 of the Constitution, inasmuch as Article 133 does not empower the Parliament to vary the terms and conditions of the service of the persons in the service of the Republic, such inter-transferability and consequent seniority being a variation of the writ-petitio......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
.... Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respondents Judgment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conv......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... advice thereunder is immune from enquiry by any Court. 7. Mr. Attorney-General further submitted with reference to the relevant provision of Article 37 of 1956 Constitution of the Islamic Republic of Pakistan and Article 74(2) of the Constitution of India that the amended Article 48(3) ......eunder is immune from enquiry by any Court. 7. Mr. Attorney-General further submitted with reference to the relevant provision of Article 37 of 1956 Constitution of the Islamic Republic of Pakistan and Article 74(2) of the Constitution of India that the amended Article 48(3) of the Bangl..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... maintainable and the same is to be treated as plaint………….(7) Cases Referred to: United Shipping vs. WH Bennett 36 DLR (AD) 175; United Liner Agencies of Pakistan vs. Ehram Jute Baling 27 DLR (AD) 170; Laxmidas vs. Nanabhai AIR 1964 SC 11. Lawy..Category: Civil Law | Date: | Hits: 111
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....nder the Penal Code and other penal laws of the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and oth......stop repression, exploitation and injustice. It has been used as a weapon to force the British Government to quit India creating two independent States in the sub-continent, namely, India and Pakistan. In their struggle against the colonial rule and exploitation of the Pakistan's ruling eli..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
.... Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretar......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......ll the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Pakistan, PLD 1989 Karachi 621; Collector of Customs, Kasmir Vs. M/s. the New Electronic Private Lt..Category: Fiscal/Taxation Law | Date: | Hits: 107
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....p;………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondents Judgment Nov...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......ppellant No.5 and his wife writ petitioner appellant No.6 were British subjects being holders of British Passports on 16-12-1970. The High Court Division found that although under section 14 of the Pakistan Citizenship Act, 1951 dual citizenship was not permissible the fact remains that the said..Category: Business or Commercial Law | Date: | Hits: 114
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ational Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sargodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 51 ..Category: Others | Date: | Hits: 100
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Bangladesh.......Respondents Judgment November 29, 2006. Lawyers ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......ector of Customs imposed penalty of rupees ten lakhs on the first respondent under section 167(9B) of the Sea Customs Act. The first respondent then filed a writ petition in the High Court of East Pakistan challenging the validity of the order of penalty. 2. A Bench of the High Court took ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......ions. As a matter of fact the legislature which enacted the State Acquisition and tenancy Act also enacted legislation for the control of the rent of the premises let out on monthly basis. The East Pakistan Premises Rent Control Ordinance 1963 which has been continued in force in Bangladesh with ..Category: Property Law | Date: | Hits: 34
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... Judgment August 31, 1977 Cases Referred to: Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md. Hiyat Vs Province of West Pakistan, (1964) 16 DLR (SC) 251: PLD 1964 (SC) 321. Lawyers Involved: S. R. Pal, Advo..Category: Employment/Service Law | Date: | Hits: 79
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....ion. Accordingly, the petition is dismissed. Ed. ......ted his name and paid rent, that later on the order of mutation was re-called by defendant No.5. It is the case of the plaintiffs that the original owner Harihar Das had never left the erstwhile East Pakistan at material point of time and, as such, the property in suit had never assumed character of..Category: Tenancy Law | Date: | Hits: 156
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......vocate-on-Record—For the respondents. Civil Appeal No. 29 of 1976 (On appeal from the Judgment and the Order dated 4th May, 1970 passed by the erstwhile High Court of East Pakistan in Writ Petition No. 127 of 1970) Judgment Mahmud Hossain, CJ.—This appeal ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....t: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....and as such it being contrary to principle of equity and justice required to be interfered. 5. The rule was contested by the present petitioners who contended that a servant of the Republic cannot claim promotion and up gradation and scale of pay as a matter of right and as ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......red To- Monomohan Roy Chowdhury Vs. Ajit Kamal Dutta, 6 DLR 267; Dr. Jamshed Bakht Vs. Md. Kamaluddin, (1981) 1 BLD (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For th..Category: Trust/Waqf Law | Date: | Hits: 266