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Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ained. The improved order minus the portion quoted above is found valid in law…….(13) Lawyers Involved: Syed Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment ......(2) of section 9 of the Act 12 of 1974 has no manner of application. 2. Petitioner's case is that he was in service of the Government since 5th August, 1947 when he joined as a Sub-Inspector in the Department of Civil Supplies under the Government of East Bengal and on deputation ......ved order minus the portion quoted above is found valid in law…….(13) Lawyers Involved: Syed Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....angladesh. Judgment Ruhul Islam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ram......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......ts Judgment February 3,1977. Result: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Saadat Ali Khan—For the Respondents. Wr......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
.... the Constitution, Respondents 1 and 2 challenged two orders—one Contained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Government of the ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved: K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advocate-on-......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....al is allowed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney Gener......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney General, instructed b......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ......ion and benefit of this defect would go to the appellant………(5) Lawyers Involved: A. B. M. Knairul Hoque Advocate—For the Appellant. A.T.M Afzal, Dy. Attorney General—For the State. Criminal Appeal No. 518 of 1973. Judgment Badrul Haider ......rosecution case, in short, is that on 27.2.73 on receipt of secret information police and law enforcing agencies watched the movement of the accused and another, and at about 4-30 P.M. in Sarikal Hat Police found that the accused and another were loitering suspiciously. The police therefore encircle..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....that the impugned notification besides being violative of the various provisions of the Constitution has been passed mala fide at the instance of respondent No.2 who was at the relevant time the Deputy Prime Minister in charge of the Ministry of Health & Population Control. It has been alle......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......Assam and others Vs. Kanak Chandra Dutta, AIR 1967 SC 884. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Rokanuddin Mahmud, Advocates-For Petitioner. K.A. Bokr, Attorney General, with M M. Haque, Assistant Attorney General- For Respondent No. 1. Hamidul Huq Ch......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
.... the Waqfs Ordinance and as such can be deemed to be a public servant within the meaning of section 21 of the penal Code. Section 98 of the Wafs Ordinance runs thus: "98. The Administrator, Deputy Administrator, Assistant Administrator, Inspector, Auditor and any other person appointe...... a public servant within the meaning of section 21 of the penal Code. Section 98 of the Wafs Ordinance runs thus: "98. The Administrator, Deputy Administrator, Assistant Administrator, Inspector, Auditor and any other person appointed or authorised by the Administrator to do any act b......lip;.Respondent Judgment December 6, 1976 Result: The appeal is dismissed. Lawyers Involved: A. Rab II. Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General instructed by B.C. Pandey, Advocate-on-Record......any knowledge and permission of the Administrator of Waqfs, Dacca and misappropriated the said amount. This petition was forwarded by the Sub-Divisional Officer to the Officer-in-Charge, Kotwali Police Station for treating it as a First Information Report and taking cognizance of the case. Ther..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....erves that he has not the least hesitation to hold, that sale price of Rs. 89,242/5/9. pies was the real price as assessed towards compensation of the first requisition. Mr. Sultan Ahmed, the learned Deputy Attorney General appearing on behalf of defendant-respondent supports the finding of the lear...... was directed to make over the license and stock of cloth according of the direction of the Sub-Divisional Controller, Civil Supply, Chittagong. Mr. K. C. Ghose, the defendant No. 5 who was the Chief Inspector of Civil Supply made an inventory of the whole stock of goods in the shop of the plaintiff......s not the least hesitation to hold, that sale price of Rs. 89,242/5/9. pies was the real price as assessed towards compensation of the first requisition. Mr. Sultan Ahmed, the learned Deputy Attorney General appearing on behalf of defendant-respondent supports the finding of the learned Subordinate ......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
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)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Committee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 1961 (SC) 559. Lawyers Involved: K.A. Bakar, Attorney-General with Quasi Shafiuddin, Assistant Attorney-General Instructed by M.R. Khan, Advocate-on-Recor...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....in the absence of any express Or implied intendments in the statute, the same cannot be construed as re-respective, affecting the proceedings pending before the Special Tribunals. 7. The learned Deputy Attorney-General, representing the Stale in support of the above contention referred to a jud......nder thus Act' without the used being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector. (2) Proceedings in respect of an offence triable under this Act alleged to have been......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; United ......e morning of May 19, 1974 without having any valid permit or license and intending to dispose of the same in black market, he was intercepted by the Town Havildar on duty and was taken to the Tangail Police-Station, where the Havildar lodged First Information Report. Md. Nazimuddin was taken into cu..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
.... 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............Respondents (In ......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. ......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. ......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. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
..... Plot No.579 of the same mouza belongs to Mr. Salamat Khan the appellant. Over the demarcation of a common boundary dispute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967......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. ......an in the case of Muhammad Saghir Bhatti & Sons Vs. Federation of Pakistan. The passage on the point says "that the argument was that after the first arbitrator was appointed, Quarter Master General had no power to make without the permission of the Court, another appointment; but the appel......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. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
.... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
......ve named as 'Dilphane' the first three letters being the abbreviation of the name of the parent organisation of the company, namely, Dawood Industries Limited. The appellant received a notice from an Inspector of Central Excise, Chandroghona Circle, Chittagong intimating that the Collector of Centra...... dismissed.
Lawyers Involved:
Muhammad Habibur Rahman, with A. K. Khan, Advocates, instructed by A. Backkar, Advocate-on-Record—For the Appellant.
Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallik, Advocate-on-Record —For the Respondents.
Civil Appeal N...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
.... Khan Bahadur Md. Ismail—For the Informant Opposite Party Criminal Revision Case No. 218 of 1975. Judgment Amirul Islam Chowdhury J.— This rule was issued calling upon the Deputy Commissioner, Dacca, to show cause why the proceedings in G. R. Case No. 448/73 pending in th......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ......section 36(2) (b) of the Special Powers Act, 1974. The intention of the legislature being clear that no proceeding except the "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 t......anj should not be quashed. 2. Facts giving rise to the present Rule may briefly be stated as follows: That one Rustom Ali Madbar on 17-7-1973 lodged a First Information Report at Munshiganj Police Station under sections 148, 307, 326 and 114 of the Penal Code and P..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....total compensation money of Tk. 1, 72,552.31 paisa an amount of Taka 1, 12,573.60 paisa has already been paid. On 20. 4. 74 a copy of the letter addressed by the then Chairman of the authority to the Deputy Commissioner, Chittagong was sent to the Secretary, New Hawker's Market Dokandar Samity f......
The Rule is, accordingly, 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) 597
......ed that the lands in question were requisitioned nearly 8 years ago and acquired nearly 4 years ago before the impugned order was made.
3. Mr. B. B. Roy Choudhury, the learned Assistant Attorney General appearing on behalf of the respondent Nos. 1, and 3, submitted that the government had autho......
The Rule is, accordingly, 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) 597
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....t No. 1 and 2 that the petitioner was in occupation of the space in question but it was the Civil Defense Authority which was occupying the same, it appears from a letter dated 27-2-74 written by the Deputy Controller of Civil Defense, Dacca that the space in question Was in occupation of the petiti......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....urisdiction)
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
July 30, 1975.
R......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
...... 'X' to the Affidavit-in-opposition which substantiates the above claim.
5. As regards the maintainability of this petition it was submitted by Mr. M.M. Haque, the learned Asst. Attorney General who appeared on behalf of the Govt. that when the order of requisition is set aside by the G......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....escribing the time limit would be rendered nugatory. 4. Rule 2 of Chapter VIII of the High Court Rules lays down that every appeal under clause 15 of the Letters Patent shall be presented to the Deputy Registrar within 60 days from the date of the judgment appealed from, unless the Court in its......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
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