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Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......ty to institute the suit and to proceed with and continue the same. 2. The suit was filed on 19-2-68 by M/s. Hardeo Glass, Aluminium, Enamel and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree o......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....y distinguishable from the facts of the present case and it does not lend any support to the contention of the learned Advocate in that case a suit was brought by the sons of one Rajayya, who being a member of a Hindu copercenary, constituted by himself and his sons, entered into an agreement with t......n. It is true that such a view was taken by Division Bench of the Dacca High Court in the case referred to above, but a contrary view has been taken in an un-reported decision of the Supreme Court of Pakistan in C.A. No. 24. D of 1969, namely, Serbeshwar Das Mohantu Vs. Baishnab Das Mohanta and othe......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ......ined the present Rule. 5. At the very outset it has drawn my attention in this case as to whether the institution of the VP Case No.142 of 1980 was maintainable in the eye of law. The Defence of Pakistan Ordinance and Rules came in the year 1965. The Defence of Pakistan Ordinance and Rules were......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......dmission of certain documents. 2. The facts relating to the present petition in brief, are that on 14.12.66 the petitioner filed an application under section 50 read with section 35(1) of the East Pakistan Waqfs Ordinance 1962 (which will hereinafter be referred to as (the Ordinance) challenging ......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....ultan Hossain, the learned Advocate appearing for the second-party management has firstly contended that the complaint petition was not maintainable in view of the fact that the complainant was not a member of a registered trade union as to enjoy the protection granted under section 25 of the East P......ion) Present: Maksum-ul-Hakim J Fazle Munim J Md. Ilyas Khan, Manager Khan Bro­thers Ltd., Khulna. .............Petitioner Vs. Third Labour Court, Khulna, East Pakistan and another.............Respondents Judgment January 7, 1971. Result: ......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......ed Awan, Advocate, instructed by Sh. Masood Akhtar, Advocate-on-Record — For the Respondent. Civil Appeal No. 29 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th December, 1968, in R.S.A. No. 455 of 1967). Judgment Ham...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ...... is concerned a police officer not below the rank of Sub-Inspector could make the search under the second para of the section: See Bengal R and O Arms Manual, 1925, No. 83 which is applicable in East Pakistan. The impugned order has directed the Officer-in-Charge of the police station to discharge t...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....ial point, the fact remains that this omission casts a doubt upon the presence of these 3 persons who figures as eye-witnesses in the case. 11. The next witness is PW 9 Shamsuddin Ahmed. He is a member of the Mogla Bazar Union Council. Previously he was the Chairman of the Union. He has stated ......ssed by the Additional Sessions Judge, 2nd Court, Sylhet on 13.9.66. The two appellants, along with 1.2 others (since acquitted), were placed on trial on charges under sections 148 and 302/149 of the Pakistan Penal Code. The trial was held with the aid of 4 assessors; 3 of the assessors were of the ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

....ate of their permanent absorption were broken. Secondly, the breach of the assurance as was extended by that Circular has caused discriminatory treatment so far as the petitioners were concerned. The members of the loanee staff who were absorbed previously were given the terms and conditions as ment......others..........Respondents Judgment March 25, 1975 Result: The Rule is discharged. Cases Referred to- A.F.M. Abul Fateh PFS, Ministry of Ex­ternal Affairs, Govt. of Pakistan, Karachi Vs. Province of East Pakistan, represented by the Secretary Works, Power and irrig...... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ..

Category: Administrative Law | Date: | Hits: 1

M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)

....r and other three Directors were his employees, of whom two had left Bangladesh and gone to Pakistan. Md. Hanif as the Managing Director along with another one Zinnur Ahmed continued as the surviving members of the Board of Directors on the day when the Jute Press houses were taken over under the im......o be abandoned properties under the aforesaid provisions of law, at the relevant time on 26th and 28th December, 1971, were owned by Helal Jute Press Limited, a Company incorporated in this then East Pakistan having its registered office at Dacca. From the last return of the said company filed with ...... 3. It would appear from the petition that Md. Hanif immediately after the liberation of Bangladesh had to take shelter in the Dacca Cantonment and thereafter he was taken to India by the Indian Army on the 16th January, 1972. Md. Hanif lived in India till December, 1973 When the government of ..

Category: Abandoned Properties Law | Date: | Hits: 7

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....t the Governing Body of the Bangladesh National Society for the Blind, 6 Orphanage Road, Dacca has not been functioning properly due to lack of co-operation, co-ordination and good feelings among the members/office bearers of the said Governing Body, which has resulted in mal-administration and func......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ..

Category: Constitutional Law | Date: | Hits: 2

Chairman, Power Development Board & Others, 1980, 9 CLC (AD)

....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......Respondents are all workers under the relevant Labour Law and their designations are "Line helpers." Their pay scale and allowances were governed by the Modified Pay-scales of the then East Pakistan .Water and Power Development Authority till November 24, 1964. Under the Modified Pay-scale......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..

Category: Labour and Industrial Law | Date: | Hits: 1

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

....Cattle Purchase Committees were formed at the district level with the District Livestock officer as the Chairman and the District Agriculture Officer and the District Agriculture Marketing Officer as members and at the Sub-Divisional level the Sub-Divisional Livestock Officer was to be the Chairman ...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....e Special Powers Act and that Rule was made absolute in Writ Petition No.1493 of 1974 but the detenu had acted prejudicially inside the jail and had started maintaining clandestine liaison with other members of his party who are at large and started organizing the cadres of his party by giving direc......5. In this context now the question of satisfaction becomes relevant. In the laws of preventive detention the satisfaction of the executive has been stipulated and over the decades, both in India and Pakistan, the point has been settled to come to a line that the satisfaction is subjective no doubt ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..

Category: Criminal Law | Date: | Hits: 1

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......at plaintiff No.1 was given in marriage to defendant No.1, 20 years back in accordance with Hindu Law. Plaintiff Nos.2 and 3 were born out of their wedlock. Defendant No.1 used to serve in Bangladesh Army and he used to torture plaintiff No.1 now and then for dowry. The father of plaintiff No.1 was ..

Category: Procedural Law | Date: | Hits: 31

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....dministrator to relinquish the functions taken over by him in favour of the Executive Committee. (3) Upon the appointment of an Administrator under clause (a) or clause (b) of sub section (2), the members of the Executive Committee shall be deemed to have vacated their respective offices 34 and n......tation-Ramna, and others…………….Respondents Judgment April 15, 2010. Result: The Rule is discharged. Cases Referred to- Ridge Vs. Baldwin, 1864 AC 40; Farid Sons Ltd. Vs. Pakistan, 13 DLR Supreme Court page 233. Lawyers Involved: Dr. M. Zahir, senior Advocate with ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..

Category: Business or Commercial Law | Date: | Hits: 72

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....ion of the accused person. 25. The prosecution has examined nine wit­nesses who were cross-examined by the defence. P.W.1 is the informant and seizure list maker, P.Ws.2, 3, 4, 5, 6 and 7 are the members of the raiding party. P.W.8 is the seizure list witness and P.W.9 is the Investigating Offic......hole proceeding before the tri­bunal was without jurisdiction. 38. The scope of exercising jurisdiction under section 561A of the Code of Criminal Procedure was dealt with by the Supreme Court of Pakistan in Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 SC317 = 19 DLR (SC) 439. Amador Rahman J (hi......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..

Category: Criminal Law | Date: | Hits: 36

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, how­ever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... Judgment February 6, 1983. Result: The rule is discharged. Cases Referred to- Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (SC) page 281; Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others, 25 DLR page 284; 25 DLR at pages 248 and 476. Lawye......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, how­ever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..

Category: Property Law | Date: | Hits: 19

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....tion was received by the Court of Settlement on 13.10.2004. But the petitioners were not notified by the Court of Settlement and several dates were adjourned due to non availability of appointment of member and appointment of lawyer for conducting the case of the Government. 18. Subsequently, on ......ee non Bangali namely (i) Shamim Ahammed, (ii) Haji Mohammad Omar and (iii) Nafis Ahammed. Lastly in the year 1969 and during liberation war or thereafter said three non Bengalis left the country for Pakistan deserting their all properties including the case property. Accordingly, the property was d......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....No.4 duly emphasized on the environmental hazards associated with the use of excavators in extracting stones from the stone quarries of those areas. In furtherance of the decision of the meeting, a 9-member technical committee comprising representatives of the offices of the Respondents was formed b...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ..

Category: Environmental Law | Date: | Hits: 362