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....se of the powers under clause (4) of article 30 read with clause (2) of Article 131 of the said Constitution to meet the emergency and to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan and for the trial of certain offences. Sectio......stody of property.— (1) With a view to preventing the payment of money to an enemy firm, and preserving enemy property in con temptation of arrangement to be made at the conclusion of peace, the Central Government may appoint a Custodian of Enemy Property for Pakistan and one or..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....t out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendant No. 1, Ayaz Bahadur Khan, offered the highest bid whereupon it wa......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....ut octroi is for a period not exceeding one year. Rule 43 stipulates that the programme for auction should be published. Rule 44 provides that the settlement should be made with the highest bidder in public auction and in no case any settlement should be made by private negotiation except with the p......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....f the Defense of Pakistan Rules, 1965. The order of detention mentioned that the detention was necessary with a view to prevent the detenu "from acting in any manner prejudicial to the security, public safety, maintenance of public order and maintenance of peaceful conditions in the Khulna Dist......mentioned that the detention was necessary with a view to prevent the detenu "from acting in any manner prejudicial to the security, public safety, maintenance of public order and maintenance of peaceful conditions in the Khulna District, it is necessary that he be detained in Khulna jail."..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....o rebutted the presumption raised by the entries in the earlier record of right. According to law, both the record of right shall be presumed to be correct at the respective dates of their final publication. Whether the presumption of correctness of the entries in the particular record of ......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
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....nd appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously khal and it was so recorded in C.S. khatian and was meant for public Use. In course of time the khal silted up and since then the local people have been using the...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
.... rule 5(1)(a) of the Emergency Powers Rules as the detaining authority Was satisfied from the materials on record that the detenu had prejudiced and was likely to prejudice the security of Bangladesh public safety and maintenance of public order and "if was necessary to prevent him from doing a......hority or excuse of false reports or the prosecution of any purpose likely to cause disaffection or alarm or to prejudice Bangladesh's relations with foreign powers or to prejudice maintenance of peaceful conditions in any area of Bangladesh or to prejudice the security or the public Safety or i..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....hat if permitted it would defeat the provisions of any law; or is fraudulent or involves or implies injury to the persons or property of another or the Court regards it as immoral, or opposed to public policy." 10. According to the provisions of this section, any agreement which is co......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
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. ......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
....es (Annexures F, B, B (1), C, E, G & H) for payment of evaded premium" along with penalties of a War Risks Insurance policy under the War Risks Insurance Ordinance, 1965, The petitioner is a public limited Company, now a nationalised enterprise. Under the War Risks Insurance Ordinance ......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
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
.... “Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as public servant, to issue the same, intentionally omits to atten......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....ith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment Febr......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)
....ry 9, 1977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and co......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)
....upreme Court Appellate Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. ......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
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....post of Director IPGMR is executive in nature with higher responsibilities requiring whole-time attention without any distraction including that of private practice, it was decided in the interest of public service with the concurrence of Finance Ministry to create a temporary non-practising post of......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)
....y the Magistrate proceeded under Chapter XVIII of the Code of Criminal Procedure. At 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 Ordinanc......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
....
Sayed Mohammad Mohsen Ali J
Faizul Islam Chowdhury J
Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant
Vs.
The Province of East (Now the People's Republic of Bangladesh) and
others............................Respondents
Judgment
Aug......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....ment arrived between September, 1966 and August, 10, 1967. They did not import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakis...... 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)
....unals shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction, and a person conducting prosecution before such Special Tribunals shall be deemed to be a public prosecutor. Major change in the Act was brought in by substituting section 30 ......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
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....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. ......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
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