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Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....n 8 years. The petitioners have asserted that in every case this extension had been automatic. 11. A preliminary lease deed on the aforesaid lines was executed between the Government of the then East Pakistan and the petitioner No. 1 on August 23.1968 in respect of the lands and hereditaments d......the exercise of their right in the property or such other or further order or orders passed as to this court may seem fit and proper. 9. It transpires from the petition, interalia, that the then Pakistan Tea Board invited private parties to take lease of lands listed and notified in the notice ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....uctions relating to seniority or other conditions of service of government servants. Rule 3 has provided exhaustive definition of a freedom fighter employed in the erstwhile Government of Pakistan or East Pakistan subsequently serving under the Government of Bangladesh. In this connection it may be ......oration of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Dalmia Vs. Justice Tendolkor, AIR 1958 SC 538; Accountant Gene..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....unal would have done well the turn to the relevant legislation passed by the occupation regime while constituting the Razakar organisation. The Razakars were organised by the occupation Forces by the East Pakistan Razakar's Ordi­nance, 1971 (E.P. Ordinance No.X of 1971) on 2-8-71. The Ansars...... with Part IV (b) of the Schedule to P.O. No.8 of 1972 for being associated with the Kushtia District Peace Committee as chairman with a view to furthering the illegal occupation of Bangladesh by the Pakistan Occupation Army and was sen­tenced to suffer rigorous imprisonment for 5 years and to p..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

.... Vs. Bangladesh, through the Secretary & others...............Respondents Judgment August 19, 1981. Result: The Appeal is allowed Cases Referred To- Province of East Pakistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan...... Bangladesh, through the Secretary & others...............Respondents Judgment August 19, 1981. Result: The Appeal is allowed Cases Referred To- Province of East Pakistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan 12 D..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....only for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled. Cases Referred to- Dacca, National Medical Institute Vs. Prov. of East Pakistan (1958) 10 DLR 343 and District Magistrate, Lahore Vs. Syed Raja Kasim (1961) 13 DLR (S......for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled. Cases Referred to- Dacca, National Medical Institute Vs. Prov. of East Pakistan (1958) 10 DLR 343 and District Magistrate, Lahore Vs. Syed Raja Kasim (1961) 13 DLR (SC) 66..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....the 1st Aswin 1370 B.S. to 30th Kartick 1374 B.S. ……………………(8) Cases Referred to- Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, 19 D.L.R. (SC) 483; A. G. Maline Vs. the State, 19 D.L.R. 381; Safiruddin Kazi alias ......st Aswin 1370 B.S. to 30th Kartick 1374 B.S. ……………………(8) Cases Referred to- Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, 19 D.L.R. (SC) 483; A. G. Maline Vs. the State, 19 D.L.R. 381; Safiruddin Kazi alias Safir..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....ration to propagate the cause of Pakistan and issued a Press statement which was published in the London Times on July 7, 1971, supporting the Military Junta which was causing depredation to the then East Pakistan. The respondent denied that charge but said that he had gone to London along with Dr. ...... of duty of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation strugg..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....t to impose taxes on lands and buildings. In 1957 Urban Immovable Property Act XI of 1957 was promulgated and the preamble stated "Where as it is necessary to make an addition to the revenues of East Pakistan and for that purpose to impose tax on lands and building " Section 3 provided tha......mulgated and by item 42 of List II the Pro­vincial Government was authorised to legis­late on lands and buildings, windows and hearths. Thereafter the 1956 Constitution of Islamic Republic of Pakistan was promul­gated. Item 75 of the Provincial List mentioned tax on lands and buildings. ..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....nim J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Assessing Officer, Narayanganj Range, & Others……………….Appellants  Vs. Burmah Eastern Limited…………………………&hell......ondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakistan, hereinafter referred to as "Barmah Shell". Pri..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; Ea...... Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East an..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....tion No. 250 of 1977. 2. The question under consideration is whether the building in question being in the occupation of the requiring body under a lease could be validly requisitioned under the East Bengal (Emergency) Requisition of Property Act, 1948 for the purpose of providing acco­mmod......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

....olicy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident from the notification made by the Education Department of the erstwhile Government of East Pakistan on 12th September 1962 in exer­cise of powers conferred under section 8 of the Eas...... of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident from the notification made by the Education Department of the erstwhile Government of East Pakistan on 12th September 1962 in exer­cise of powers conferred under section 8 of the East Pak..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....r of Diplo­matic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are that the plaintiff Haji Abdul, Karim migrated to the then East Pakistan in the later part of 1957 B.S. The suit lands originally belonged to Bhattacharjees wh......ic importance, in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorised officer of Diplo­matic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....onal Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Messrs Ahmed & Sons………………….Petitioner Vs. Messrs Eastern Technique & others…………. Opposite parties Judgment ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

....by the Presi­dent and Defence of Pakistan Ordinance was promulgated thereunder and under au­thority of the Ordinance, Defence of Pakis­tan Rules 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in ex­ercise of powers conferre......igh Court in Writ Petition No. 121 of 1973, but failed. 3. Question arose before the High Court whether the appellant firm is an enemy firm within the meaning of Rule, 161 of the De­fence of Pakistan Rules, 1965 and its pro­perties vested in the Custodian under Rule 182 of the said Rule..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....lip;…………..Respondents And A.K.M. Ayub Ali……………………………….Appellant Vs. Eastern Refinery Ltd. & Others…………….Respondents Judgment......ubsequently passed through different processes changing its status from a limited company to a public enter­prise. In 1968 all of its shares held by the EPIDC were transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares: became abandoned and vested in the G..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....The agree­ment is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restora­tion of poss......s for giving relief to indebted agricultural tenants which were incorporated in the amended section 26G were not consider­ed to be necessary to be included in section 95 at the time when the East Pakistan State Acqu­isition and Tenancy Act was enacted or whether the legislature lost sight of..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

.... by special leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in con­nection with the preemption case section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

....tial workmen". 61. Industrial Disputes Act 1947 was repealed and re-enacted with certain amendments by the Industrial Disputes Ordinance, 1959 which was again repealed and re-enacted by the East Pakistan Labour Disputes Act, 1965. In this Act the expressions 'worker' and industrial......our Court, Dacca, 28 DLR 160; Railway Men's Stores Ltd. vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; Administrator, Omar Sons Ltd. vs. Chairman, First Labour Court, Dacca, 28 DLR 178; Pakistan Tobacco Co. Ltd. vs. Pakistan Tobacco Co. Employees Union & others, 13 DLR (SC) 280; Ra..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....n cost. After the State Acquisition and Tenancy Act, 1950 he held the land as tenant under the Government. He is, therefore, not liable to be evicted. The defendant No. 2, the then Government of East Pakistan entered appearance but did not contest the suits. 5. The Munsif, Second Court, Mo...... All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and ano..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1