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Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....after referred to as the 'Ordinance') for the public examina­tion of the respondent who was the former Secretary of Patuakhali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by ...... referred to as the 'Ordinance') for the public examina­tion of the respondent who was the former Secretary of Patuakhali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by wit..

Category: Business or Commercial Law | Date: | Hits: 101

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

....n Income Tax assessee.  He lives in Laktora Tea Estate with his family. 4. Respondent Ameenur Rashid Chowdhury is the Editor, Printer and Publisher of Weekly Jugabhery (in Bengali) and Eastern Herald (in English). The evidence discloses the appellant and respondent are men of posi&sh...... court of S.D.O. Sadar alleging offence under section 344 (wrongful confinement), 498 (Enticing or taking away or detain­ing with criminal intent a married woman) and 384 (Extortion) of the Pakis­tan Penal Code in Case No. G.R. 1560/-65 against Dr. Jamshed Bakht residing in Lackotoor..

Category: Criminal Law | Date: | Hits: 77

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

....the right of pre­emption can be exercised in respect of non-agricultural land. Here it may be mentioned that there is specific provi­sion for pre-emption of non-agricultural land in the East Bengal Non-Agricul­tural Tenancy Act (XXIII) of 1949. Under that Act a contiguous owner c...... Non-Agricultural Tenancy Act and in respect of agricultural land right of pre-emption could be claimed under the State Acquisition and Tenancy Act, This position is stated by the Supreme Court of Pakistan in deciding the question whether in respect of non-agricultural land pre-emption could be ..

Category: Property Law | Date: | Hits: 47

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......he decision of Jamuna Oil Company Limited for the purpose of its man­agement. 3. The relevant facts which led to the for­mation of the Company are as follows:— (a) Pakistan National Oils Limited was a Company registered in Pakistan which, inter alia, carried o..

Category: Business or Commercial Law | Date: | Hits: 107

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....y;trict Judge, Second Court, Dacca and allowing pre-emption to respondent No. 1 on setting aside the order of the Munsif, Manikgang, Dacca, dismissing the pre-emption case under Section 96 of the East Bengal State Acquisi­tion and Tenancy Act, 1950. 2. The question involved in these ...... to the sugges­tions made to the witness at the trial, was  siding with the transferees. The learned Coun­sel appearing for the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb, 19 D.L.R. (S.C.) 36 that the pr..

Category: Property Law | Date: | Hits: 49

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....1. Cases Referred to- Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakistan vs. Nazi Mohammad, (1967) 19 D.L.R (SC) 236— PLD 1967, S.C. 271; East and West Steamship Company vs. Queensland Insurance Company, PLD, 1960, Kar. 840; Lachmi Narai......lip;..........................Respondents Judgment March 17, 1981. Cases Referred to- Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakistan vs. Nazi Mohammad, (1967) 19 D.L.R (SC) 236— PLD 1967, S.C. 271; East and West Steam..

Category: Procedural Law | Date: | Hits: 106

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....sp;     Shahabuddin Ahmed J.- This appeal by special leave is from a Judgment and order of the High Court Division dated March 24, 1977 allowing pre-emption under section 96 of East Bengal State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and resto......f section 96 (2) of the State Acquisition and Tenancy Act. 13. Mr. Anil Chandra Sarker, the learned Advocate has in this connection referred to an observation of the then High Court of East Pakistan in the case of "Syed Abdul Karim vs. Harendra Chandra Dhupi 14 D.L.R, 847 which it to..

Category: Property Law | Date: | Hits: 43

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....spondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of East Pakistan (1957) 9 D.L.R (SC) 21; Kunnathat Thathunni M. Nair vs. State of Kerala AIR 1961 S.C. ......ent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of East Pakistan (1957) 9 D.L.R (SC) 21; Kunnathat Thathunni M. Nair vs. State of Kerala AIR 1961 S.C. 552; ..

Category: Employment/Service Law | Date: | Hits: 180

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

.... Gas Transmission & Distribution Co. Ltd. & ors...........Respondent And A.K.M.  Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent J......913, subsequently passed through different processing charging its status from a limited company to a public enterprise. In 1968 its entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Go..

Category: Employment/Service Law | Date: | Hits: 104

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....fficer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrated to the then East Pakis­tan in the latter part of 1357 B.S. The suit lands originally belonged to Bhattacharjees......public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any author­ised officer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are..

Category: Others | Date: | Hits: 128

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

.... arises from the judgment dated Feb­ruary 14, 1977 of the High Court of Bangla­desh in Civil Revision Case No. 1696 of 1968 in connection with the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consider......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..

Category: Property Law | Date: | Hits: 73

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....ion money of the kabala to defendant No. 1 for paying to the plaintiffs. They imme­diately filed petitions before the Deputy Com­missioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permis­sion for sale of immova......money of the kabala to defendant No. 1 for paying to the plaintiffs. They imme­diately filed petitions before the Deputy Com­missioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permis­sion for sale of immovable p..

Category: Property Law | Date: | Hits: 75

M/s. Everett Ori­ent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ioner in allowing additional deprecia­tion on the three ships. It was contended by the department that the additional depre­ciation was not allowable because the ships were not installed in Pakistan. The Appellate Tribunal considered that it is immaterial whe­ther the ships were inst..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

....ovince vs. Atiqa Begum, AIR 1941 F.C. 16; Shri P.C. Mills vs. Broach Munici­pality, AIR 1970 SC 192; U. N, Saksena Vs. State of Madhya Pradesh, AIR 1976 SC 2250; and Tofazzal Hossain Vs. Province of East Pakistan, 15 DLR (SC), 139. I will, however, refrain from making any lengthy discussion on the ......United Province V. Atiqa Begum AIR 1941 F.C. 16; Shri P.C. Mills V. Broach Municipality AIR 1970 S.C. 192; I. N. Saksena V. State of Madhya Pradesh AIR 1976 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (SC) 139; Sudashid Prakush V State of Oiissa AIR 1956 S.C. 432; M/s West Ramn..

Category: Constitutional Law | Date: | Hits: 188

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....also Reported in: ......Reported in: ..

Category: Employment/Service Law | Date: | Hits: 109

General Manager Jamuna Oil Com­pany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

.... 9. In this connection the learned Counsel for the appellant drew our attention to the relevant provisions of law in two enactments. First, he referred to sub-section (6) of section 9 of the East Pakistan Labour Disputes Act, 1965 which is as follows: "If a member is abse..............Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC)..

Category: Labour and Industrial Law | Date: | Hits: 97

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

....This aspect was given undue importance in giving the decision. 3. What is public purpose? This question has troubled the Courts perpetually. In the case of Abdus Sobhan Shah vs. Province of East Pakistan, 14 D.L.R. 486. It was observed that every grocery which exists in any country serves...... aspect was given undue importance in giving the decision. 3. What is public purpose? This question has troubled the Courts perpetually. In the case of Abdus Sobhan Shah vs. Province of East Pakistan, 14 D.L.R. 486. It was observed that every grocery which exists in any country serves a pu..

Category: Property Law | Date: | Hits: 65

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

.... is defini­tely situated within the periphery of Sultanpur bazar within the meaning of section 2(12) of the said Act and it is not a retainable class of land under sec­tion 20(2) of the East Bengal State Acquisition and Tenancy Act, 1950 read with Ordinance No, 12 of I960” ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 61

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....benami received full recognition from the authorities and the Courts as well. That the practice of benami was widely practiced throughout the sub-continent is evident from the early history of the East India Company. The company started administering the province of Bengal in 1757. Law reports o...... she stated   that she got the money from her mother Karimannessa. Kabala Ex­hibit 1 (a) shows that the consideration money was paid by 3 bank drafts issued from Na­tional Bank of Pakistan, Khulna Branch. According to the plaintiff the vendors wanted the consideration money in ..

Category: Property Law | Date: | Hits: 448

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

.... well founded in holding that there is no statutory provision for the Government to enter into the land on the termination or determination of the lease. He says Ordinance XXIV of 1970   East Pakistan Government and Local  Authority  Lands  and  Buildings (Recovery...... founded in holding that there is no statutory provision for the Government to enter into the land on the termination or determination of the lease. He says Ordinance XXIV of 1970   East Pakistan Government and Local  Authority  Lands  and  Buildings (Recovery of P..

Category: Property Law | Date: | Hits: 53