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Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ......in the Department of civil Supplies under the Government of East Bengal and on deputation from the establishment of the Town Rationing Officer at Narayanganj he was taken in the 37th Battalion of the Pakistan National Guards and served therein from 26th February, 1951 to 31st January, 1952 and held ......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ......in the Department of Civil Supplies under the Government of East Bengal and on deputation from the establishment of the Town Rationing Officer at Narayanganj he was taken in the 37th Battalion of the Pakistan National Guards and served therein from 26th February, 1951 to 31st January, 1952 and held ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

....the partners having 25% share in the partnership was stranded in Pakistan at the time of liberation of Bangladesh. The remaining 5 partners were in Bangladesh during all time and K.P. Mabmud with all members of his family applied for repatriation from Pakistan and it was so done, in this view of the......inal deed of partnership stating that the firm was being smoothly run, that out of 6 partners 5 were present in Bangladesh and that the remain­ing partner namely, K.P. Mahmud had been stranded in Pakistan, still the present Respon­dents 1 and 2 were asked to produce certain documents. The do......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......he partners were Indian Nationals and did not actually carry any large scale farming. Though the appellant moved the High Court against this order of rejection under Article 98 of the Constitution of Pakistan, 1962 they were unable to get any relief as the question involved which related to the exis......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......r had mani­pulated his transfer from Dacca to Sylhet Med­ical College in 1970 when he was serving as Professor of Medicine in collusion with the then Chief Secretary to the Government of East Pakistan who hails from the same district as that of the petitioner. The petitioner has alleged var&......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......t that stage the jurisdiction of the Court of the Magistrate was challenged on the ground that the appellant being a public servant within the meaning of section 98 of the Waqfs Ordinance, 1962 (East Pakistan Ordinance No.1 of 1962) could not be tried by an ordinary Court. The Magistrate ignoring su......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......preme Court Appellate Division (Civil) Present: AFM Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangla­desh) and others..................Appellants (In all the cases) Vs. ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....ial Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act constitute an appellate Tribunal consisting of one member to be appointed by the Government. (3) The member of the Appellate Tribunal shall be a p......proceedings, were affected by the amendment of new section 30. In essence there is no distinction between the repealing laws and the laws which merely purport to amend the law. The Supreme Court Pakistan considered this question in the case of Saeed Ahmed Vs. State (1964) 16 DLR (SC) 484 P.L.D.......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....ter called the "Labour Dispute Act". The Union (East Pakistan) Tea Estate Staff Association, is the Respondent. The principle contention of the respondent was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took activ...... The appeal is dismissed. Cases referred to- Aminul Islam Vs. James Finlay Co. Ltd., 26 D.L.R. (S.C.) 33; Khulna News Print Mills Vs. Khulna News Print Employees Union, 25 D.L.R. (S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Union Dacca 13 DLR (S.C.) 280 P......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

.... of the De­fence of Pakistan Rules and if so, whether they were as alien enemies precluded by section 83 of the Civil Procedure Code from taking any legal action in Pakistan Courts. It is to be remembered that the appellants sought to move the writ petitions in the High Court through their......Respondents (In both the appeals Judgment May 7, 1976. Result: Appeals are dismissed. Cases Referred to- Gour Chandra Saha Vs. Vice Chairman East Pakistan Enemy Pro­perty, 21 D.LR. 535; M.M. Mansur Ali Vs. Arobinda Shekhar Chatterjee, 21 D.L.R.......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......IR 1963 (SC) 1685; Carlill Vs. Carbolic Smoke Ball Company, 1893 1 Q. B. 256; Brogden Vs. Metro­politan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with ......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....ctual loss: They are at best entitled to nominal damages. He has in his support called in aid S. 73 of the Contract Act. 6. Before dealing with the contention of Mr. Sharif, it is to be remembered that the contract was for sale of goods, viz. certain quan­tity of salt gunny bags. The ......Singh, AIR 1932 Privy Council 196: Sridhon Vs. Gordhandas, 26 Bombay 235 ; Hajee Is­mail Sons Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Indus­trial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawy......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....r Clause 15 of the Letters Patent is not just a mechanical legal process but a judicial discretion to be exercised after due consideration and the Court may either grant or refuse leave. It must be remembered that restrictions have been put in the way of unfettered right to appeal by the Letters Pat......case, I am afraid, would only be an exercise in futility. 7. The learned Advocates could not cite any decision in support of their respective contentions either of this Court or of the then East Pakistan High Court or of the Supreme Court of Pakistan. I have however been able to lay my hands on......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ......14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal Vs. Dadhi Singh, ILR 46 All. 319; PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi Khan; 10 DLR 521, Sreenibash Mukhupad...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ...... accused who is aged 80 years has been in detention since 17-2-1972. In the First Information Report which was lodged on 21-9-72 by one Satya Ranjan Shaha it was alleged that his father was killed by Pakistan Army at the instigation of some persons including late Fazlul Quader Chowdhury and that the......who is aged 80 years has been in detention since 17-2-1972. In the First Information Report which was lodged on 21-9-72 by one Satya Ranjan Shaha it was alleged that his father was killed by Pakistan Army at the instigation of some persons including late Fazlul Quader Chowdhury and that the accused ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

.... the authority competent to make such order and such orders are to be treated as made by competent authority as contemplated under section 7(2)(h) of the Payment of Wages Act. It is to be remembered that the Rule 2044 of the Railway Manual Vol. 11 does authorize the Railway Authority to tr......bsp;J A. S. Faizul Islam Chowdhury J Bacha Meah………………………………....Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eastern Railway Administration…&......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

.... Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent&......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

....ch notice is given) specifying the place, the day and the hour of meeting and in case of special business, the general nature of that business, shall be given in manner hereinafter mentioned to every member of the Company but the non-receipt of the notice by any member shall not invalidate the proce...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... 32. The liability of the defendants, however, is not dependent upon that particular special circumstance alone. Sometimes such a liability arises out of the general relationship of the parties as members of the society. It is one of his social duties to see that his neighbor is not injured or do...... shock which diminished his longevity and disabled him permanently. He also became a victim of various other troubles which affected his mental health. 3. Defendant No.1 was the Province of East Pakistan and Defendant No.2 was the contractor in charge of the construction of the Assembly Hall of...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....39; co-operative societies desirous of acquiring such industrial units. In other words if the employees of a particular industrial unit form co-operative society with at least 80% of the employees as members of the Society and get it registered with the Registrar of Co-operative Societies, it may se......he is concerned an order be passed in accordance with law. This too is a right that can be enforced by the court in the exercise of its jurisdiction under Article 170 of the Constitution of Pakistan. If the officer concerned passes an order that is not in accordance with law, any person wh......Secretary, Ministry of Industries or a representative of that Ministry to be nominated by him. (5) Chief of Staff, Bangladesh Air Force or his representative. (6) Chief of Staff, Bangladesh Army or his representative. (7) Chief of Staff, Bangladesh Navy or his representatives. (8..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3