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Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....ee Property Order which deals with it is quoted below :- “4. (1) For the purposes of this Order, there shall be constituted for each union an Arbitration Court consisting of:- (a) two members to be nominated by the Sub-divisional Magistrate one from amongst the secondary school and c......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
.... all the powers, duties and responsibilities herein conferred on the President. We further resolve that we undertake to observe and give effect to all duties and obligations that devolve upon as member of the family of and to abide by the Gharter of United Nations We further resolve that t...... the question on the view that the Arbitration (Protocol and Convention) Act, 1937 has been continued in force as a valid law in the country and whatever defect had been found by the Supreme Court of Pakistan in the case of Messrs. Yangteza Ltd, Vs. Messrs Parlars Brothers reported in 14 D.L.R. (S.C......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ...... D.C. Bhattacharya J.— This appeal is directed against a judgment and decree passed by the second court of Subordinate Judge, Barisal after an order of remand made by the High Court of. East Pakistan and was at the instance of the Province of East Pakistan, which was defendant No. 1 in the ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....contemplated decision is treated a nullity? The language of the Article gives a clear indication of construction to the expression in the manner I have done. 10. Another significant fact to be remembered is that the Legislative authority is declaring certain categories of decisions null and voi......of Article 3 of President's Order No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 1......ome object of public policy is in view, the word receives its natural full force and effect. The preamble of the Presidential Order records, that due to the reign of terror of the Pakistan Occupation Army, people were not able to go to courts or tribunals either to institute legal proceedings or to ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....ules. 15. The Provisions of the said Rule are to the following effect: (1) The Presiding Officer shall enclose and seal into separate packets the following papers connected with election of members or commissioners or Chairman or Vice-Chairman as the case may be:- (a) the valid ballot...... April 4, 1975. Result: The Rule has been discharged. Case Referred to- Imtiaz Ahmed Vs. Ghulam Ali and others (1963) 15 DLR (S.C.) 283 PLD 1963 S.C. 382; The Province of East Pakistan Vs. Kshiti Dhar Roy and others, (1964) 16 DLR (S.C.) 457 P.L.D. 1964. S.C. 636; Mainuddin A......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ncrete properties whether movable or immovable and as such there is good objective standard to value the suit. He has referred to the decision in the case of Kumudini Welfare Trust ox Bengal Ltd. Vs. Pakistan and others (1959) 11. D. L. R. 57. There is another decision in the Case of Md. Yasin Vs. P......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....red as we proceed to deal with the two questions set out above. On the first question as to the power of the High Court in revision to interfere with the decision of the court below, it is to be remembered that the High Court as a revisional court exercises a narrower jurisdiction than as a cou....... Abdul Hye, Advocate—For the Respondent No.1. Ex-parte—Respondents Nos. 2-10. Civil Appeal No. 8-D of 1971. (On appeal from the Judgment and order of the High Court of East Pakistan, Dacca date the 3rd August, 1967 in Civil Revision No. 537 of 1964). Judgment Kem......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....hall be served on the owner of the property personally by delivering or tendering it to him or where owner cannot be found it shall be served by leaving on authentic copy thereof with some adult male member of the family of such owner or and if no such adult male member of the family can be found th......;………………..Respondent Judgment January 31, 1975. Result: Appeal is dismissed. Cases Referred To- Md. Ismail Vs. Province of East Pakistan 16 D.L.R. (S.C.) 438 (at page 442); Rally Brothers Ltd. Vs. Province of East Pakistan 17 D.......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....r about 1936 AD. and was closed down in October 1947 A.D. His grand-father Jagmal Mowji had a house at Syedpur which was a building. The said grand-father died in 1955. This witness P.W.1 failed to remember the names of the Officers of his father Khorabhai Jagmall. With regard to the investment of c......(HCD) (1978) 411. ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......t Division
(Original Civil Jurisdiction)
Present:
Debesh Chandra Bhattacharya J
Faizul Islam Chawdhury J
Md. Obaidul Akbar........................Appellant
Vs.
East Pakistan Provincial (now Bangladesh) Cooperative Bank Ltd..........Resp...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....under rule 34 of East Pakistan Industrial Disputes Rules, 1960 (hereinafter called the Rules) it is mandatory that the Chairman before giving an award shall obtain and consider the advice of the members of the Court but in the instant case the award was made without the advice of one of the mem......ward made by the learned Chairman directing the re-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to- East Pakistan Aluminum and Iron Manufacturing Co. Vs Chairman Industrial Court Dacca, 16 DLR 346; Chittag......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....marginally noted case, I beg to report that he has been arrested on the confessional statement of accd. Habib Khan, so-called General of Muslim Bangla Guerrilla force. The accd is an active member of so-called Muslim Bangla movements-and indulging in anti-State activities. A separate ......Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to- (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; P......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....nion in this regard as the question of the constitutionality of any Post-Constitutional Law did not directly arise in that case. But the Supreme Court Bench of which Mr. Justice Hamoodur Rahman was a member deciding the case of Chowdhury Tanvir Ahmed Siddique Vs. The Province of East Pakistan 20 D.L......e. What was meant by the learned Munsif is that the auction-safe in question had been vitiated for want of the permission of the Board of Revenue as contemplated in section 6(3) of the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 (E.P. Ordinance No. 1 of 1964). The appe......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....ppointed a driver by the respondent No. 2, a limited company, (hereafter referred to as "the respondent company") in their factory at Fauzderhat, Chittagong, along with 40 other drivers and members of the Watch and Ward Staff submitted a petition under section 25(1)(a) of the Emp......ecial Original Jurisdiction) Present: Fazle Munim J Nurul Alam………………........Petitioner Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....rity, however, noted that on the following day according to the delinquent this matter was brought to the notice of the dispatcher but the despatcher avoided this question by saying that he did not remember Then the appellate authority records the finding "this shows that the despatcher instead......e- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that discipl......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....plication." 16. The question whether section 151 of the Code of Civil Procedure gives the court jurisdiction to extend the time is more difficult. In the first place, we have to remember that if the court has lost seisin of the case all-together, there is no scope for the applica......in view of the fact that the conditional order has become operative, and the court has become functus officio. 8. This case appears to be clearly governed by the decision of the Supreme Court of Pakistan in the case of Shah Wali Vs. Ghulam Dim as reported in 19 DLR, S.C. 143. In that case the S......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....vocate appearing for the employee has tried to repeal. These points may now be taken up.
4. It has first been contended that the Labor Court was not properly constituted in as much as one of the members namely, the representative of the Employee never attended any one of the sittings of the Cou......eported in: 27 DLR (HCD) (1975) 158.
......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....ce. Since then he has been paying, land revenue, municipal taxes and other rates, electricity bills, water bills etc. of the said holding. He was constantly living in the holding in question with the members of his family since 1963 till 29th March, 1971 when be had to leave his residence for fear o......on is annexed to this petition as Annexure 'E' The petitioner has further stated that the respondent No. 2 is a Bihari and has married a Bihari girl and that he collaborated actively with the Pakistan Army by singing songs on Radio Pakistan for Pakistan against the Bangladesh and after the l......exed to this petition as Annexure 'E' The petitioner has further stated that the respondent No. 2 is a Bihari and has married a Bihari girl and that he collaborated actively with the Pakistan Army by singing songs on Radio Pakistan for Pakistan against the Bangladesh and after the liberation..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......ition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Special Leave to Appeal is against the judgment and decree of the erstwhile High Court of East Pakistan passed in F.A. No.56 of 1966, affirming those of the Subordinate Judge, Additional Court, ......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ......al consequence of the transaction between the parties and it exists also independently, that Is to say, it is not dependent on the authority from the promissor (vendor). 12. The Supreme Court of Pakistan took a step further in giving the legal cloak to the right under a contract of sale of immo...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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