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Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or take any action whatsoever, as a result of a reduction in the number of the members of such industrial enterprise below a certain number, shall be of no effect in relation to ......913, subsequently passed through different processing charging its status from a limited company to a public enterprise. In 1968 its entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Go......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......nd there is nothing in section 8 (1) (b) or the order granting licence which curbs or prohibits the importation of the principles. 14. In the case of Abul Alla Moududi vs. Govt. of West Pakistan (1965) 17 D.L.R (SC) 209=PLD 1964 S.C. 673. S. A. Rahman, J. observed on review of a numb...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......n Ranjan Sen prayed for Letters of Administration on the footing of a Will executed by his father Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo Pakistan War in 1965 and the properties of persons residing in India were declared as enemy propert......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. Government of Punjab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533......972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khondker, Seni..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... Judgment January 31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relati...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....e Tribunal to decide the case fully and finally by itself on the merit. 4. Article 5 provides for constitution of a Tribunal for each Sub-Division. A Tribunal consists of a Chairman and two members, all to be nominated by the District Judge. The Chairman is to be nominated from amongst th......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......public 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......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3. Plaintiff's case in short is that the plaintiff-appellants are members of the minority community having permanent residence in village Kazirgaon, P.S. Tejgaon, D......money of the kabala to defendant No. 1 for paying to the plaintiffs. They immediately filed petitions before the Deputy Commissioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permission for sale of immovable p......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ioner in allowing additional depreciation on the three ships. It was contended by the department that the additional depreciation was not allowable because the ships were not installed in Pakistan. The Appellate Tribunal considered that it is immaterial whether the ships were inst......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....o park his car outside the gate. On another occasion, he was included in a Departmental Promotion Committee but when the business of the Committee started he was found absent and consequently another member was to be picked up in a hurry to proceed with the scheduled work of selecting candidates. It......United Province V. Atiqa Begum AIR 1941 F.C. 16; Shri P.C. Mills V. Broach Municipality AIR 1970 S.C. 192; I. N. Saksena V. State of Madhya Pradesh AIR 1976 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (SC) 139; Sudashid Prakush V State of Oiissa AIR 1956 S.C. 432; M/s West Ramn...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....r and decide appeals from the orders, judgment or sentences of such of the Special Tribunals as may be specified by the Government. (3) An Appellate Tribunal shall consist of one member to be appointed by the government who shall be a person who is or has been, or is qualified......ases of Dr. Hori Ram Singh vs. Emperor, AIR 1939 F-C- 43; and S. Kuppuswami Rao vs. The King, AIR 1949 F.C.I. In this context Mr. Moksudur Rahman also referred to a decision of the Supreme Court of Pakistan in the case of Golzar Hasan Shah vs. Ghulam Murtaza (1970) 22 DLR SC 258 ; PLD 1970 SC 335......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ce of the Government of Bangladesh or any corporation constituted under any law for the time being in force and every person who on the basis of having at any time been in the service of Pakistan purports to claim any right to employment in the service of the Government. Article 6 read......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... Judgment Aug 14, 1978. Cases Referred To- Raleigh Investment Co. Vs G-G. in Council AIR 1947 (PC) 78; Ravi Paint Colour & Varnish Works Ltd. Vs Federation of Pakistan PID 1954 (Lab) 551; Sargodha Trading Co. AIR 1943 (Lah) 228. Lawyers Involved: ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of default and bonafide requirement of members of his family and for reconstruction of the damaged frontal portion of the building thereo......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......Reported in:
......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....aw Court originally was with a Sessions Judge as Chairman. This was changed in such a way as to enable constitution of each Court with an officer of the Army as Chairman and another Army officer as member thereof, which together would constitute majority in the Court. (b) There was provisions ......o- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR (AD) 154; Queen Vs. Huggins 1895, I QBD 563; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Ab......brought to Dacca and lodged in the Central Jail. It is stated: ''This action was taken simultaneously with the assumption of the office of the Chief Martial law Administrator by the then Chief of Army Staff, vide the Third Proclamation dated 28-11-76. Amendments of Regulations 4 and 11 of the Ma..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....hers…...Appellants Vs. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under la......ction provides that notwithstanding anything in the foregoing provisions of this Chapter (Chapter II Civil Service), the conditions of service of the subordinate ranks of the various police forces in Pakistan shall be such as may be determined by or under the Acts relating to those forces respective...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....Driver of an Oil Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Marine Rules the service of the Responden..............Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC)......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....fe of the Additional Deputy Commissioner was appointed as a teacher in the School after the passing of the order. Again, the wife of current Additional Deputy Commissioner has been inducted as member of the teaching staff in order to maintain the requisition. From all these circumstances, th...... aspect was given undue importance in giving the decision. 3. What is public purpose? This question has troubled the Courts perpetually. In the case of Abdus Sobhan Shah vs. Province of East Pakistan, 14 D.L.R. 486. It was observed that every grocery which exists in any country serves a pu...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....i, Bogra challenged the validity of the notification dated 4th February 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
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