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Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....were extra Muharrirs (Nakal Nabish) in the beginning at Sadar SR Office, Dhaka, in 1966. The Government sanctioned Non-government posts of BD Muharrirs for all the Sub-Registry offices in the then East Pakistan, now Bangladesh. The posts of BD Muharrirs were subsequently termed as TC (Tax Collec...... extra Muharrirs (Nakal Nabish) in the beginning at Sadar SR Office, Dhaka, in 1966. The Government sanctioned Non-government posts of BD Muharrirs for all the Sub-Registry offices in the then East Pakistan, now Bangladesh. The posts of BD Muharrirs were subsequently termed as TC (Tax Collecting)..Category: Employment/Service Law | Date: | Hits: 66
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....he sub‑continent has framed any exhaustive and elaborate Rules for disposal of writ applications so as to take care of all procedural eventualities and probabilities. The former High Court of East Pakistan framed Rules to govern the procedure to disposal of applications under Article 170 o......mber of decisions in favour of their respective submissions of which only the relevant ones will be taken into consideration. 8. A question arose under Article 98 of the then Constitution of Pakistan as to whether the High Court in its writ jurisdiction was competent to review its own deci..Category: Procedural Law | Date: | Hits: 102
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
...., is an oral contract or written contract the Supreme Court of Pakistan observed as follows: "The learned counsel for the appellant has drawn our attention to two decisions of the East Pakistan High Court wherein suits based on oral 'contracts were found to be exclusively tri......ion Court had no jurisdiction to entertain the case filed by the respondent as there was no written contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law co..Category: Property Law | Date: | Hits: 70
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....n such power. For the purpose of clarification, it is mentioned here, that on the pattern of this English Civil Procedure Code, 1833, the Indian Interest Act, 1839 was passed during the rule of the East India Company. In 1893 the House of Lords, in London, Chatham and Dover Rly Co. Vs. Southern ......ere made in 1982, as stated above. Under these provisions the High Court got power to award interest on debts and damages and the Arbitrator got power to allow interest on his award. 10. In Pakistan, as in Bangladesh up to 1971, the Interest Act, 1839 was a substantive law governing the p..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....tten instrument, such as an agreement or by any law or by any usage of trade having the force of law……………………..(17) Cases Refereed to- London, Chatham and Dover Ry Co. Vs. South Eastern Railway Co, 1893‑AC, 429; Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, ...... 429 and one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66= AIR 1893 PC 70. Besides he has made passing reference to some decisions of Indian and Pakistan jurisdictions. 7. Section 34 of the CP Code provides that when the Court passes a money..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
..... State of Haryana, AIR 1987,(SC) 415; Manzoor Qadir, 22 DLR (SC) 65, Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) I 11; Sk. Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Jibendra KA Chowdhury Vs. East Pakistan, 9 DLR (SC) 21 and Pravakaran Vs. State of Tamil Nadu, AIR 1987 (SC) 2117; Abdul Majid......te of Haryana, AIR 1987,(SC) 415; Manzoor Qadir, 22 DLR (SC) 65, Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) I 11; Sk. Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Jibendra KA Chowdhury Vs. East Pakistan, 9 DLR (SC) 21 and Pravakaran Vs. State of Tamil Nadu, AIR 1987 (SC) 2117; Abdul Majid Vs. ..Category: Employment/Service Law | Date: | Hits: 97
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....t of balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the part of the consideration money Karuna Moyee Dasi left the then East Pakistan for India with the members of her family and started living there, that Karuna Moyee ......balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the part of the consideration money Karuna Moyee Dasi left the then East Pakistan for India with the members of her family and started living there, that Karuna Moyee Dasi ..Category: Property Law | Date: | Hits: 59
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....essrs Kaknorak Company which used to deal in jute in the matter of construction of Jute Godown and excavation of canal; that subsequently, the said company became defunct and the then Government of East Pakistan, filed three certificate cases Nos. 3 of 60-61, 9 of 60-61 and 12 of 60-61 against t......Kaknorak Company which used to deal in jute in the matter of construction of Jute Godown and excavation of canal; that subsequently, the said company became defunct and the then Government of East Pakistan, filed three certificate cases Nos. 3 of 60-61, 9 of 60-61 and 12 of 60-61 against the sai..Category: Property Law | Date: | Hits: 66
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... the writ-petitioner-respondent for promotion, contending, inter alia, that the petitioner-respondent is a Diploma Engineer and on his appointment as Sub-Assistant Engineer under the erstwhile East Pakistan Agricultural Development Corporation (EPADC), he joined his service on 30-10-1967. H......writ-petitioner-respondent for promotion, contending, inter alia, that the petitioner-respondent is a Diploma Engineer and on his appointment as Sub-Assistant Engineer under the erstwhile East Pakistan Agricultural Development Corporation (EPADC), he joined his service on 30-10-1967. He was..Category: Employment/Service Law | Date: | Hits: 66
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....e No. 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived t...... 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there...Category: Property Law | Date: | Hits: 108
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ers of Arakan. But the narrow strips of land on the coast line of the country, with foreign trading Centres, but gradually transforming into ruling class were overlooked or ignored with contempt. The East India Company with experience of local bodies institutions at home first set up a Municipal Cor......of were made the “constituency" for election of members of the National Parliament as well as of the President of the country. All these bodies functioned till Bangladesh achieved Independence from Pakistan in 1971‑72. 16. Immediately after Independence the President made and promulgated ..Category: Constitutional Law | Date: | Hits: 655
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....signated Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh Railway, Chittagong as the sole Arbitrator on an application before the learned Su...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....d Notification No. 3498-J-24 October, 1958 had been published in the Gazette as soon as the said Criminal Law Amendment Act was enacted and that by that Notification "all Sessions Judges" of the then East Pakistan were made "Senior Special Judges" in respect of their Sessions Divisions. Creation of ......ification No. 3498-J-24 October, 1958 had been published in the Gazette as soon as the said Criminal Law Amendment Act was enacted and that by that Notification "all Sessions Judges" of the then East Pakistan were made "Senior Special Judges" in respect of their Sessions Divisions. Creation of new D..Category: Anti-Corruption Laws | Date: | Hits: 100
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....an. ................ Respondents Judgment January 29th, 1992. Cases Referred To: Stephens & Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal Vs. Nectar Tea Co. AIR 1933 Bom, 179, Arthur Butler a......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....out being enrolled as an Advocate under the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 2. The appellant was an Advocate entitled to Practise in the erstwhile High Court of East Pakistan at Dhaka immediately before the 26th day of March 1971, and when the High Court of B......eing enrolled as an Advocate under the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 2. The appellant was an Advocate entitled to Practise in the erstwhile High Court of East Pakistan at Dhaka immediately before the 26th day of March 1971, and when the High Court of Bangla..Category: Others | Date: | Hits: 92
....t to Possess referred to the decisions in Syed Hatem Ali and others, 12 DLR 804 and Sufia Khatun, 20 DLR (SC) 18. In those cases, the Petitioners were sought to be evicted by the Government under the East Bengal Government Lands and Buildings (Recovery of Possession) Act 1953 which was similar to th......cted the lease to be executed in Schedule IX of the Rules.
10. M/s Drums Metal Ltd. took over the drum factory from M/s Allenberry & Co. and a fresh sanction was given by the Government of Pakistan, Ministry of Defence of 3.5‑69 amending the lease in favour of M/S Drums Metal Ltd. and r..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....the properties, some of which included relief goods, were intended for official use. He has in this connection referred to an observation of the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect that "when the party concerned came to know about ......because the lessee knew from the very beginning that the properties, some of which included relief goods, were intended for official use. He has in this connection referred to an observation of the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect th..Category: Fiscal/Taxation Law | Date: | Hits: 92
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....s were selling out or otherwise transferring all kinds of lands including waste lands in their khas possession on a large scale with a view to get a greater benefit out of the provisions of the East Bengal State Acquisition and Tenancy Bill 1948, when enacted and put into operation. It was a......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ough their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by the erstwhile Province of East Pakistan and after transfer the name of the plaintiff was mutated and be was paid monthly com...... their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by the erstwhile Province of East Pakistan and after transfer the name of the plaintiff was mutated and be was paid monthly compensa..Category: Property Law | Date: | Hits: 58
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