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Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... defence services. 10. The Writ Bench of the High Court Division took the view that the service of the writ petitioners could not be regarded as service under the Republic and that they did not come within the ambit of the Act as they were governed by the Bangl......man after the former had already retired from the Army and the latter was on leave preparatory to retirement. 5. Capt. (Retd.) Syed Abu Naser Muhammad Okba was commissioned in the then Pakistan Army in May 196.7. With the emergence of Bangladesh as an independent country he cont..Category: Employment/Service Law | Date: | Hits: 103
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......s of law. If a document is not stamped at the time al which the law requires it to be stamped, the only result would be that it would not be duly stamped. For instance, if a pronote executed in Pakistan is stamped not at the time of its execution but afterwards, it will be a document not dul..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....cle 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public Works (defendant No. 2) and ......ecree of the Subordinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appeals are that one MA Naser, a Film Producer and Distributor in the then East Pakistan, took a loan of Tk. 40,000/- from the House Building Finance Corporation, deÂfendant No. 1..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... money did not involve his mother and that the suit land would be required for accommodating his sister and her husÂband on being posted back to Chittagong by Janata Bank following repatriation from Pakistan. DefenÂdant No. 2 offered to return the earnest money of Tk. 10,000/-. The appellant alleg..Category: Property Law | Date: | Hits: 50
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......uffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..............(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and others, 8 MLR A..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.... of 1996 is sent back on remand to the court of learned Assistant Judge, Bandar, Narayangonj for disposal as directed above. The appellant No.1, Secretary, Ministry of Food, Government of People's Republic of Bangladesh do pay cost of Tk.3,000/- in favour of the plaintiff respondent No.1 within ......orak Company which used to deal in Jute and in the matter of construction of Jute Godown and excavation of canal; that subsequently the said company become defunct; and the then Government of East Pakistan, filed three certificate cases Nos.3 of 60-61, 9 of 60-61 and 12 of 60-61 against the said..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitionÂer, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......uence that in that case Article 34 is rendered otiose altogether, for, the same relief can be had under both the Articles. 9. In Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354 the Supreme Court of Pakistan considered sections 39, 40 and 41 of the Industrial Development Bank of Pakistan Ordinance,..Category: Banking Law | Date: | Hits: 117
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....der as to costs. Ed. ......a, that the land in suit (ka schedule land) belonged to Amioyo Nath Sarker and other sons of Anadi Nath Sarker, that the said owners during the communal disturbance of 1961 left the erstwhile East Pakistan and went to Murshidabad, West Bengal, India, that plaintiff was the resident of village Sh..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......aluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, PLD 1967 Lah. 204. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Reco..Category: Property Law | Date: | Hits: 41
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ailed to prove their possession in the suit land are correct. 11. It is also not disputed that the plaintiffs did not approach the authorized officer of the Government of the then 'East Pakistan now Bangladesh i.e.(The Deputy Commissioner concerned) for regularization of the exchange ..Category: Property Law | Date: | Hits: 59
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
.... Right to protecÂtion of life is more than right to trade and as such the impugned judgment cannot be mainÂtained. 9. He further submits that Article No. 18 of the Constitution of the People’s Republic of Bangladesh clearly empowers the Government to take appropriate measures to save the peop......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....mmad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Raman, Dhaka and others....... Petitioners (In Civi...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....ated under notification dated 20.04.2004 issued by the Secretary Ministry of Law Justice and Parliamentary Affairs, Government of Bangladesh (respondent No.3,) intimating that the President of the Republic has removed the writ petitioner from his office as Additional Judge of the High Court Divi......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....rieved, make an order ……………………………………….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
.... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others……………………â......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ted in: 42 DLR (AD) (1990) 184. ......2. In the judgment of the courts below the suit property has been referred to, as residential "quarters". It is one of the flats of a building which was constructed by the Government of the then East Pakistan for providing residential accommodation to the displaced persons who had migrated from Indi..Category: Property Law | Date: | Hits: 40
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......unicated to him by memo dated 26.1.81 was illegal, void, etc. and he was still in the service of the Sonali Bank, Bangladesh. It is not disÂputed that the petitioner joined the then National Bank of Pakistan in the year 1963 as Junior Clerk, that while he was serving as a Branch Manager at Rajshahi..Category: Employment/Service Law | Date: | Hits: 98
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... in this case. …………(14 & 20) Cases Referred to- Collector of Central Excise and Customs Vs. Azizuddin Industries Ltd., PLD 1970 (SC) 439; M. Afzal and Sons Vs. Federal Government of Pakistan, PLD 1977 (Lahore) 1327; BLD 1981 (AD) 91; AIR 1968 (SC) 718; AIR 1979 (SC) 621; PLD 1970 (..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
...., 1973 provided for the terms and conditions of the service of the Chief Justice and other Judges. It was passed in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People's Republic of Bangladesh read with Article 147 thereof, and in exercise of such power the terms and co......ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56