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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....vision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....ase is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....uired by section 22 of the Slate Acquisition and Tenancy Act. In discoverÂing this provision of law Government wrote the folÂlowing letter on 28th November 1960: "Office of the Board of Revenue, East Pakistan Memo.NoJ207-E-80/58-S &S dated the 28th November, 1960. To The Director of Land ...... by section 22 of the Slate Acquisition and Tenancy Act. In discoverÂing this provision of law Government wrote the folÂlowing letter on 28th November 1960: "Office of the Board of Revenue, East Pakistan Memo.NoJ207-E-80/58-S &S dated the 28th November, 1960. To The Director of Land Recor..Category: Property Law | Date: | Hits: 47
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....pahani, who retired as Chief JusÂtice of the Dhaka High Court and died in 1982 and was buried in Dhaka. The respondent was born in Calcutta on 17th September, 1941, His father miÂgrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was SecreÂtary, Ministr......ase. There is no hesitation in saying that the property cannot be termed as an abandoned property. Respondent’s property is not abandoned property because he has neither acquired any citizenship of Pakistan nor has ceased to manage his property and his temporary absence is not prejudicial to the i..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....gh assistant custodian did not challenge the decree by himself whether in view of the provision of Defence of Pakistan Rules and the General Notification No. 1199 dated 3.12.65 and paragraph 4 of the East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order the contract co......rved till conclusion of peace. Since the Government did not cancel the contract by declaring it against the public interest the contract is alive and the machinery has been provided by the Defence of Pakistan Ordinance namely, the preservation of jurisdiction of Civil Court (section 16). The Civil C..Category: Property Law | Date: | Hits: 47
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....reliance is placed on Abul Khair Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whether the vendors of deceased appellant migrated from the then East PakisÂtan before the Indo Pakistan war in 1965. The disputed property was mortgaged to a Bank ......nce is placed on Abul Khair Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whether the vendors of deceased appellant migrated from the then East PakisÂtan before the Indo Pakistan war in 1965. The disputed property was mortgaged to a Bank by th..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....hy;closing the baina-patra in the applications for lease (Ext. C and C(1)) nor about the lease fn the plaint; that the Refugee Registration Cards Ext. D series indicated that defendants crossed the East Pakistan border on 21st October, 1971 and that the plaintiff failed to point out that th......necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land when the Pakistani Army started operation in March, 1971 and returned home after liberation of the country o..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....placement of the Schedule as specifically referred to in section 35A. The expression ''as amended before the promulgaÂtion of the Court Fees Act (Amendment) OrdiÂnance, 1962," in its application to East PakisÂtan as it was then, means and refers to the Schedule which was brought in by E P. OrdiÂ......ment of the Schedule as specifically referred to in section 35A. The expression ''as amended before the promulgaÂtion of the Court Fees Act (Amendment) OrdiÂnance, 1962," in its application to East PakisÂtan as it was then, means and refers to the Schedule which was brought in by E P. OrdiÂnance..Category: Procedural Law | Date: | Hits: 124
....in execution of the decree passed
in Mortgage Suit No. 43 of 1964.
6. Being aggrieved, the appellant filed
First Miscellaneous Appeal No. 28 of 1970 in the High Court of the then East
Pakistan which allowed the appeal in part on 4th March, 1984 directing that the
execution cas......usly filed an objection under
section 47 of the Code of Civil Procedure, namely, Miscellaneous Case No. 36 of
1967, which was dismissed for default, that respondent No 6 has all along been
in Pakistan, that the mortgaged property was not declared enemy property nor
did it vest in the custod..
Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....r the property was declared an abandoned property. 10. In this connection the learned Counsel, for the respondents referred to Rules 7 and 9 of the Rules of the High Court of Judicature for East Pak as it then was which have been made applicable to govern in the procedure in applications ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarwal Vs. State of Bihar AIR 1977 (SC) 1496; Bihar Eastern Gangetic Fishermen Co-operative Society Ltd. Vs Sipali Singh AIR 1977 SC. 2149 ; Kekhraj S. ......Act 1930 repÂealed Fishery Act 1897 and by section 3 the Government was empowered to make rules for protection of fish and the breach of any such rule is to be visited by penalties. In 1959 the East Pakistan Government Fisheries (Protection) Ordinance 1950 was promulgated and by section 3 the Gover..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....(Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Commissioner of Taxes, Dhaka (East Zone), Dhaka.................... Appellant Vs M/S. Macneil & Kilburn Ltd., A......espondent assessee on account of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was execute..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......d by them. Appellants' Counsel, in support of his argument that the amount paid to the appellants was not loan as defined in the aforesaid order, referred to a case decided by the Supreme Court of Pakistan namely, Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC..Category: Business or Commercial Law | Date: | Hits: 100
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....ds as follows: "For acquisition of rent-receiving interest. Notification No. 4835-L.R. dated the 2nd April 1956:- "In exercise of the power conferred by sub-section (1) of section 3 of the East Bengal State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951), as amended......e Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent upto 1956. Then he left Pakistan leaving the land in suit in the custody of his constituted attorney Mr. Ashutosh Datta Roy,..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....decree for declaring the order of requisition and all proceedings there-under illegal, mala-fide and without jurisdiction, plaintiffs' prayer (d) in the plaint was not barred under section 14A of the East Bengal (Emergency) RequisiÂtion of Property Act. Prayer (d) in the plaint in Title Suit No. 19......plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask & Co. 44 CWN 70â..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......In these circumsÂtances, the defence case of false implication appears to be quite probable. We, therefore, respectfully agree, as a correct exposition of law, with the following observations of the Pakistan Federal Court in the case of Safdar Ali Vs. Crown, 5 DLR (FC) 107 and feel no hesitation to..Category: Criminal Law | Date: | Hits: 56
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