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Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......ip;…………(6 &7) Cases Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Ltd. Sramik Union, 25 DLR 242. Lawyers Involved: Abdul Hamid, Advocate—For......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ode in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction." 12. Mr. Huq also referred to a case decided by the Pakistan Supreme Court, namely, Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=P......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
.... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ......l 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- Seafarers Inc. Vs. Province of East Pakistan; 20 DLR SC 225. Lawyers Involved: Dr. M Zahir & M Hasan, Advocates— For...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
.... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ...... Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- Seafarers Inc. Vs. Province of East Pakistan 20 D.L.R. S.C. 225 Lawyers Involved: Dr. M. Zahir & M. Hasan, Ad...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......shy;ercise of their right in the property or such other or further order or orders passed as to this Court may seem fit and proper. 11. 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 ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......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 ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....to securing adequate representation of any backward section of citizens in the service of the Republic, reserving appointment relating to any religious or denominational institution and reserving for members of one sex any class of employment or office. Considering the clear provision of Article&nbs......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......n, and refrained from serving the occupation regime till the liberation of Bangladesh. He did not draw his salary during the liberation period. He left Bogra on 18.4.71. when its fall to the Pakistan Army became imminent. During the nine months of the war of liberation he moved from one place to ano..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....W.9 Abdul Ghani deposes that he carries on business of fish at village Chorhash. During the war of liberation, in the middle of Bhadra, the Razakars arrested his son. Moznu aged 20/22 years who was a member of Muktihahini, alleging that they had arrested him under the orders of the accused. The...... 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...... 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 pay a fine of Tk. 10,..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....at result might ensue from the abuse of a great number of powers indispensable to self-government, and obviously bestowed by the British North American Act.” 10. Along with it, we are to remember another cardinal principle as to the interpretation of Law relating to the curtailment of the......#39;s Forces. This is true regarding any proceeding under the Army Act. 17. In Md. Nawaz Vs. Crown (7 DLR (FC) 253) Mohammad Nawaz along with another brought a matter before the Federal Court of Pakistan for grant of Special Leave to Appeal. He was tried under Section 41 of the Army A...... of the proceeding and the purpose of the Act are to be considered to see the jurisdictional infirmity of the order complained. When the challenge is from an order of a Court Martial set up under the Army Act to enforce the Military law, the jurisdiction to interfere is more narrow than in the case ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....Co-operative Societies Act, 1940 adopted a housing scheme for acquisition and development of lands and sub-division of the said land into plots for construction of residential houses for those of its members who have no house in the city of Dacca. The Board of Trustees of the Dacca Improvement Trust...... 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......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ision cleared the cases of four other candidates for promotions whose certificates of Engineering Degree were found to be satisfactory. The Promotion Committee included the Chairman, a member and the Secretary, BADC. It appears to us that the employer while considering the promotion f......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......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......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....en proved by the High Court Division on appeal are so glaring as to lead us to the only inescapable conclusion that it would be unjust and inequitable to allow the company to continue. It should be remembered that confidence in each other is of the essence of the relationship which sustains mutual c......company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, successor of the Pakistan Industrial Credit and Investment Corporation (PICIC). The creditor Shilpa Rin Sangstha file......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......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......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......t into liquidation in July 1957 in which connection a winding up proceeding being Matter No.7 of 1957 started. It was further contended that the Liquidator of the Bank, namely, the then State Bank of Pakistan, reconveyed the suit land to the sons of Prohllad by executing a registered sale-deed dated......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ...... Law Regulation No. 2 (c) that the Summary Military Courts established under the Martial Law Regulations exercised the same powers and followed the same procedure as a Summary Court Marshal under the Pakistan Army Act, 1952 and the provisions of that Act and the Rules made thereunder applied to all ....... Government of Bangladesh.........................Respondent Judgment May 5, 1981. Result: Appeal is dismissed Code of Criminal Procedure (V of 1898); Section 386 Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whet..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....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. Md. Mohar Ali as a member of the delegation and admitted to have been briefed by Pakistan Foreign Affairs Ministry to r...... 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......Vice-Chancellor of the Dacca University during the war of liberation in 1971, is the respondent After the liberation of Bangladesh he was charged with having collaborated with the Pakistan Occupation Army and his case was referred to the First Screening Board constituted under the President's Or..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....g holdings" be charged at the rates specified in Schedule to the Act. Section 4 provided for annual value of the holding. Section 11 provided that tax to be paid by the owner of the holding. The member in charge, while placing the Bill before the Home stated: "The Provincial Budget......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. ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..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)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......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......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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