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Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... as stated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (hereinafter in short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporation stranded in Pakistan the ......tated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (hereinafter in short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporation stranded in Pakistan the prope..Category: Property Law | Date: | Hits: 38
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....dure. 2. The petitioner was charge sheeted in a case under section 302/34 of the Penal Code now pending in the court of the Chief Metropolitan Magistrate, Dhaka arising out of G.R. No. 3646/East 1999 (Sutrapur P.S. Case No. 50 dated 16.6.1999) upon allegation that when informant Md. Kabir......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 102
....bait and after his death on 12.9.1943, Mollika Sundari Dutta, his wife, became the next shebait and she died on 4th Ashar, 1363 B.S. Out of six sons of the Janaki, Kali Kinkore Dutta died in the then East Pakistan and four others i.e. Kali Kishore Dutta, Kali Prosanna Dutta, Kali Sankar Dutta, Kali ......and after his death on 12.9.1943, Mollika Sundari Dutta, his wife, became the next shebait and she died on 4th Ashar, 1363 B.S. Out of six sons of the Janaki, Kali Kinkore Dutta died in the then East Pakistan and four others i.e. Kali Kishore Dutta, Kali Prosanna Dutta, Kali Sankar Dutta, Kali Bhusa..
Category: Civil Law | Date: | Hits: 111
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....cially affect the respondent as it would alter the nature and character of the proceeding and when it was barred by limitation. 3. The appellant filed an application under section 96(1) of the East Bengal State Acquisition and Tenancy Act for pre-emption of the case land against the responden......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....rvice in the Corporation, and any grievance with regard to that could only be agitated before the Administrative Tribunal…………(15 & 16) Cases Referred to- Ready Mixed Concrete (South East) Ltd. V. Minister of Pensions and National Insurance, 1968 (1) All. E. R. 433 (439-440); Wilk......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....nd it was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. ...... was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Gov..Category: Property Law | Date: | Hits: 38
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....could ignore with impunity the arrangement that has been made by the District Judge following the letter of the Law Ministry. If it is intended to show officiousness of bygone days of the servants of East India Company openly attempting to flout the order of the Bengal Supreme Court, then it must be......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L.A. Case No. 8/55-56. The land in ques......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....on that the order of his compulsory retirement passed by the Commissioner of Income Tax on June 29,1959 was illegal and without jurisdiction alleging, inter alia, that the Commissioner of Income Tax, East Pakistan was not the competent authority to order his compulsory retirement. 3. The trial ......is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....cuted kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kabala was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 was promulgated. Defendant No.1 b...... kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kabala was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 was promulgated. Defendant No.1 being ..Category: Procedural Law | Date: | Hits: 132
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....mpliciter is not maintainable, the findings of the said suit are not res judicata in the present suit. Reliance was placed on the case of K.B. Kishore Acharayya Chowdhury and others Vs. Province of East Bengal, 6 DLR page 1. The Appellate Court affirmed this view and decreed the suit. It was in ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......rch 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgme..Category: Criminal Law | Date: | Hits: 52
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......e a prejudice to the applicant. This principle has been well enunciated by the Privy Council in the case of Charan Das Vs. Amir Khan, AIR 1921 PC 50, which has been followed by the Supreme Court in Pakistan in the case of Keramat Ali Vs. Muhammad Younus Haji PLD 1963 (SC) 191=15 DLR (SC) 120. This..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
.... about 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the petition filed before the High Court Division that the respondent appeared for interview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civi......t 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the petition filed before the High Court Division that the respondent appeared for interview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Ser..Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application at the instance of the appellant was subsequently treated to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by pur...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....rned Munsif. The further two second appeals aforesaid were dismissed by the High Court. 6. In the High Court five grounds were urged and they are as follows: 1. In view of section 75A of the East Bengal State Acquisition and Tenancy Act, 1950 the contract has become un-enforceable as contem...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....h Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 hereinafter referred to as "the Act," in the Cou......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....Referred To- Abdul Baqi Baluch Vs. Pakistan, (1968) 20 DLR (SC) 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC) 1; PLD 1969 (SC) 14; Government of East Pakistan Vs. Rowshan Bijoya Shaukai Ali Khan, (1966) 18 DLR (SC) 214; Tofazzal Hossain Vs. Pr......Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. Cases Referred To- Abdul Baqi Baluch Vs. Pakistan, (1968) 20 DLR (SC) 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kas..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... was that they were implicated falsely at the instance of Khondaker Nural Islam, Chairman of Union Committee of Radbanagar. Both Courts below found the four accused guilty under section 326/34 of the Pakistan Penal Code. The High Court also concurred with the findings of the Courts below. 5. The..Category: Criminal Law | Date: | Hits: 41
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