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Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......y one of the two conflicting decisions or to follow the "latest pronouncement". 7. Before we consider the reasons given in the impugned decision let us refer to some cases cited before us from the Pakistani jurisdiction. In Zafar Iqbal Vs. The Province of Sind PLD 1973 Karachi 383, a habeas ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....l Law Court was to be appointed from among the Sessions Judges or Officers of the Defence Services or Bangladesh Rifles not below the rank of Lieutenant Colonel or equivalent, and of the two other members of such Court, one was to be appointed from among Assistant Sessions Judges or officers of ......then Vs. District Magistrate, Trivandrum AIR 1939 (PC) 213; Moslemuddin Sikder PLD 1957 Dacca 110 PLD 1957 SC 1; Abdul Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government of Bangladesh Vs. Ah......ip; (All District and Sessions Judges) ………………………………… (All District Magistrates) Army Headquarters Adjutant General Branch Dacca Cantonment. Subject: Custo..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....ble khas lands. They are non-retainable khas land. The sub-section fixes a quantitative ceiling to the retainable khas land. While fixing the quantity the measure is the holder of the land and the members of his family. It says, any one of the allowable person shall be entitled to retain 100 sta...... Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 88......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
.... Society registered under Co-operative Societies Act, 1940. The object of the appellant-Society is to improve the socio-economic condition of the fishermen of the country, to catch fish through its members and to export the same to different parts of the world and to import nylon and other twine ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....sp; 6. It is to be observed that the matter before us raises an important and delicate question as to the relations between the Bench and the members of the Bar. Needless to say that the advocates are officers of the court to maintain a stan......Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1967). Judgment: &nbs......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... and deliberately shot at and murdered Asaduzzaman. 6. The Government version which was released in press notes is as follows:— "FLAG PRESS NOTE "The Pakistan Observer" dated January 21, 1969. PRESS NOTE. The following......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
.... under section 148 as stated thereunder was to forcibly demolish and remove materials of an incomplete hut of the complainant Jainullah. In the charge under section 302/149 it was alleged that, two members of the unlawful assembly, namely, the appellant Tozammel and another named Ilias in prosec...... of the revisional power under section 439 of the Code sentenced each of the six convicts to transportation for life. The convicts then preferred an appeal by special leave to the Federal Court of Pakistan. The appeal was heard by four Judges and the judgment was delivered by his Lordship Abdul ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
.... judgment and order of a Division Bench of the High Court, Dacca and are disposed of by this judgment. 2. The appeals arise in the following circumstances. Respondent No. 1 Mr. Mainuddin Ahmed, a member of the Naranyanganj Municipal committee filed a suit against (1)The Chairman, Narayanganj Mun......t No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Cases No. 204/67 and 50/68) Judgment Ahsanuddin Choudhury......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....d of this noble profession. We may only point out that it is true that no court can efficiently function except with the responsible co-operation of the Bar, but this is a matter which concerns the members of the Bar themselves more than anybody else. The Court is to give its decision on the meri......: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebas......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......concurrent order of rejection of the plaint by the two Courts below was set aside and the trial Court was directed to proceed with the suit. 8. Leave was granted by the Supreme Court of Pakistan to appeal against the judgment of the Dacca High Court for considering the following ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... manufacturing materials have been imported from abroad. There is also absence of competition when finished goods come out in the market for sale as there is no second industry of this nature in East Pakistan. I therefore support the I.T.O's additions in ail the years and reject the appellant's co......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......n PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 371; McNeill and Barry Ltd. Vs. Commissioner of Income-tax, East Pakistan reported in 21 DLR (SC) 200 same case PLD 1969 SC 527. Lawyers Involved: M. H......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... Order) on the following facts stated by the respondent No. 1 M/s. A. T. J. Industries Ltd. (hereinafter referred to as the Company). The paid up capital of the Company is Taka 2,75,000/- held by the members of the family in shares as follows: 1. Mrs. Batul Bai - 8,750 shares. 2. Mr. Sajjad Hu......ul Islam and pledged their loyalty and allegiance to the Government of the People's Republic of Bangladesh. 2. The four shareholders originally migrated from India and domiciled in the then East Pakistan and are permanent residents and citizens of Bangladesh, although Mr. Sajjad Hossain and his......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......urt Division in Writ Petition No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2. The appellant, which is a public Limited C......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....thy witness in respect of the said matter. The learned Additional District Judge thereafter proceeded to consider the evidence of P.W. 3, the Asst. Librarian of the Dacca University and P.W. 4, a member of the Town Committee, who, according to him, were competent and disinterested witnesses reli......152 and Ramji Patal Vs. Rao Kishore Singh, L.R. 56 LA. 280 same case 33 C.W.N. 893 same case A.I.R. 1929 P.C, 190 and again in the case of Misrailal Vs. Mst. Surji, 9 D.L.R. 375. The Supreme Court of Pakistan also adopted the same view in the case of Abdul Majid Vs. Khalil reported in 12 D.L.R. (S.C......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......ppellate Decree No. 483 of 1961). Judgment: Kemaluddin Hossain, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... go down under requisition and that other defendants have been impleaded as they claim some interest in the disputed properties. After the institution of the suit, hostilities between India and Pakistan broke out on the 6th September, 1965 and the Emergency Laws came into force. 3. On 12. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
....to in the leave order, though mentions question of title and possession separately, yet in facts of the present case, the two questions are interdependent and should be treated as such. It is to be remembered that the suit plot viz. R.S. 158 of Khatian No. 234 is part of the Kabuliyat land of Ramzan......He also held that the plaintiff's suit was not barred by limitation. He reversed the decision of the Trial Court and decreed the suit.
6. The defendant No. 1 preferred a second appeal to the East Pakistan High Court, and it was heard by a Division Bench. The High Court concurred with the First A...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....nd as such 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful c......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... had notice of the agreement. 20. In the case of S.B. Das, the same view has been taken. In Gajraj Sheokarandas case, Beaumont C.J. of the Bombay High Court has held that deposit made by a member of a Cotton Association under its rule, is not liable to attachment as the money is repayabl......habad 225; Karuthan Vs. Subramanya 9 Madras 203, In re-Horst Guderian AIR 1931 Calcutta 474, Jagadish Naraia Vs. Mt. Ramaskal Kuer AIR 1929 Patna 97, Mohiuddin Mollah Vs. The Province of East Pakistan, 14 DLR (S.C.) 112. Province of East Bengal Vs. Banaraali Sen and another, 54 C.W.N. 322 a......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
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