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....f public order and maintenance of peaceful conditions in the Khulna District, it is necessary that he be detained in Khulna jail." The Division Bench considered that the allegation that he was a member of a gang of smugglers but the detention, order only mentioned the prejudicial activity to th......………………Respondents
Judgment
August 11, 1977.
Result:
The Rules are discharged.
Cases Referred To-
Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; ......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......the allegation that such an entry was brought into existence by taking advantage of the absence of the heirs Faizuddin Haji from the locality. Under section 144A which was introduced by the East Pakistan Ordinance No. VIII of 1967 every entry in a record of rights prepared or revised, unde......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....ires that Board shall examine witnesses in support of any allegation and the memorandum of deposition of the witnesses shall be recorded by the Chairman of the Board or at his discretion by any other member of the Board. In that case the Board simply relied upon the report of the DAB Inspector and t......in litigations were pending in connection with the land. It was mentioned that his father-in-law had made a gift to his wife by cheque No. DFA 205371 dated 22-4-65 for Rs. 150001- of National Bank of Pakistan and also Rs. 20001-in cash. He disputed the costs of the construction of the Gulshan house ......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......ha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: ......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....use within their premises for their permanent residence. Accordingly the plaintiff has been residing in the disputed premises as before with her husband and lately with children in their own right as members of the Plff's. Father's family. The plaintiff brother recognised and accepted the sa......gment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this Act, be imported into or exported from Pakistan contrary to such prohibition or restriction, and the punishment prescribed in 3rd column is......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ls and the records which were produced before us but we are constrained to mention again that save and except the fact that the detenu had taken part in the liberation struggle and it is alleged as a member of the political party nothing was mentioned as to how he was indulging in prejudicial activi..................................................OppositeParty
Judgment
June 21, 1977.
Result:
The Rule is made absolute.
Cases Referred To-
Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of We......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
....red to a worker under any law or agreement specific remedy has been provided under section 34 of the Industrial Relations Ordinance, 1969. In support of this contention he has relied upon a member of decisions particularly a recent decision of this Court in Writ petition No. 1422/74. In ha......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
...... been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S.
2. There is no dispute that the land in question was declared an enemy property under the Defense of Pakistan Rules whereupon the petitioner went into possession of the land on the basis of a year to y......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......or such determination does not arise unless the police submits chalan under section 173.” The above noted observation of the Lahore High Court got the approval of the Supreme Court of Pakistan in the case of Falak Sher and another Vs. The State, (1967) 19 D.L.R. (S.C.) 426. 14. ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....y;ports. Of course, he stated in his deposition that he has got nothing to do with the survey business of Lloyd's Department except attesting survey reports in the absence of the senior member of the firm. He is of the idea that to certify a survey report is to certify the qualifi......allik, Advocate on-record—For Respondent No.3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appellate Decree No.181 of 1954). Judgme......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......e taken against the minors as such. Thus, the said decisions are not applicable in the facts of this case. So far as a Division Bench Judgment by A. Sattar and M. R. Khan, JJ. of the Supreme Court of Pakistan reported in 21 D.L.R. (S C) 444 is concerned, it appears that in this case action was taken......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......Present:
Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Amin Jute Mills Ltd.......................................Petitioner
Vs.
Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rul......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......by the Dacca High Court in Reference Case No.17/66). Judgment Debesh Chandra Bhattacharya J. — This appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the as......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ....... Ispahani, it appears that a similar question was raised before a Division Bench. The Division Bench has taken the view that the Labor Court trying a complaint under section 25 of the East Pakistan Employment of Labor (Standing Orders) Act, 1965 is a court of civil jurisdiction; and that ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......1972 in Appeal from Original Order No. 19 of 1970.) Judgment Kemaluddin Hossain J. — The short point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. ......was made by the Acting President in pursuance of the Proclamation, and it has again made no reference to the judgments passed by the Supreme Court. On 16th December, 1971, the Pakistan Occupation Army surrendered at Dacca, before the Allied Joint Command, and the Proclamation of Independence ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......after a lapse of, 6 months filed a fresh complaint on the same facts and upon the same allegations. Mr. Mirza Golam Hafez in support of his contention has relied on a decision of the Supreme Court of Pakistan in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96. In......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......gation Company. Plaintiff respondent No. 2 the insurer of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... (AD) (1978) 260.
...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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