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Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)

.... principal defendant in the suit. 3. The learned Subordinate Judge by his judgment and decree dated 28.8.70 dismissed the suit whereupon the plaintiff filed appeal in the then High Court of East Pakistan being First Appeal No.343 of 1970. The appeal was registered on 24.12.70 but as there......ncipal defendant in the suit. 3. The learned Subordinate Judge by his judgment and decree dated 28.8.70 dismissed the suit whereupon the plaintiff filed appeal in the then High Court of East Pakistan being First Appeal No.343 of 1970. The appeal was registered on 24.12.70 but as there was ..

Category: Procedural Law | Date: | Hits: 122

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....eeding, presumably because the remedy by way of appeals is often found by the Bar as a more adequate remedy. In Moslemuddin Sikder PLD 1957 Dacca 110 the petitioner challenged both the vires of the East Pakistan Food (Control of Movement and Distribution) Ordinance 1956 and the conviction made un......then Vs. District Magistrate, Trivandrum AIR 1939 (PC) 213; Moslemuddin Sikder PLD 1957 Dacca 110 PLD 1957 SC 1; Abdul Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government of Bangladesh Vs. Ah..

Category: Constitutional Law | Date: | Hits: 365

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

....nbsp;    Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 D......    Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 88..

Category: Others | Date: | Hits: 142

Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1967). Judgment:    &nbs......Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1967). Judgment:     &nbs..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

.... "FLAG PRESS NOTE "The Pakistan Observer" dated January 21, 1969. PRESS NOTE. The following is the Press Note issued by the Government of East Pakistan in Dacca on Monday Night:— "A procession was brought out at n...... and deliberately shot at and murdered Asaduzzaman. 6. The Government version which was released in press notes is as follows:— "FLAG PRESS NOTE "The Pakistan Observer" dated January 21, 1969. PRESS NOTE. The following..

Category: Criminal Law | Date: | Hits: 66

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

....ondent No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Cases No. 204/67 and 50/68) Judgment Ahsanuddin Chou......t No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Cases No. 204/67 and 50/68) Judgment Ahsanuddin Choudhury..

Category: Civil Law | Date: | Hits: 142

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

....gh Court on 15-6-66 under Article 98 of the then Constitution of Pakistan, challenging the validity of an order of requisition of certain lands belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Re­quisition of Property Act as well as a notice for acquisition under ......: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebas..

Category: Procedural Law | Date: | Hits: 89

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

.... of prayer having not been in accordance with the case made out in the body of the plaint can be ignored. 7. The new point as to the maintain­ability of the suit under section 14 of the East Bengal Building Construction Act 1952 was sought to be argued at the hearing of the Second app......concurrent order of re­jection of the plaint by the two Courts below was set aside and the trial Court was directed to proceed with the suit. 8. Leave was granted by the Supreme Court of Pakistan to appeal against the judg­ment of the Dacca High Court for considering the following ..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....f the manufacturing materials have been imported from abroad. There is also absence of competition when finished goods come out in the market for sale as there is no second industry of this nature in East Pakistan. I therefore support the I.T.O's additions in ail the years and reject the appe­llant...... manufacturing materials have been imported from abroad. There is also absence of competition when finished goods come out in the market for sale as there is no second industry of this nature in East Pakistan. I therefore support the I.T.O's additions in ail the years and reject the appe­llant's co..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

....case in PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 371; McNeill and Barry Ltd. Vs. Commissioner of Income-tax, East Pakistan reported in 21 DLR (SC) 200 same case PLD 1969 SC 527. Lawyers Involved: ......n PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 371; McNeill and Barry Ltd. Vs. Commissioner of Income-tax, East Pakistan reported in 21 DLR (SC) 200 same case PLD 1969 SC 527. Lawyers Involved: M. H..

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

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

.... Nazrul Islam and pledged their loyalty and allegiance to the Government of the People's Republic of Bangladesh. 2. The four shareholders originally migra­ted from India and domiciled in the then East Pakistan and are permanent residents and citizens of Bangladesh, although Mr. Sajjad Hossain an......ul Islam and pledged their loyalty and allegiance to the Government of the People's Republic of Bangladesh. 2. The four shareholders originally migra­ted from India and domiciled in the then East Pakistan and are permanent residents and citizens of Bangladesh, although Mr. Sajjad Hossain and his..

Category: Business or Commercial Law | Date: | Hits: 129

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangla­desh and others, 1976, 5 CLC (AD)

....gh Court Division in Writ Peti­tion No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by spe­cial leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2. The appellant, which is a public Limi......urt Division in Writ Peti­tion No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by spe­cial leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2. The appellant, which is a public Limited C..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

.... 2. The appeal arises in the following cir­cumstances. Appellant Haji Md. Shariatullah filed, in the 3rd Court of the Subordinate Judge, Dacca, an application under section 96 of the  East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for pre-em......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..

Category: Property Law | Date: | Hits: 77

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

....rom Appellate Decree No. 483 of 1961). Judgment: Kemaluddin Hossain, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declara­......ppellate Decree No. 483 of 1961). Judgment: Kemaluddin Hossain, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declara­tion ..

Category: Trust/Waqf Law | Date: | Hits: 239

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

....iff. He also held that the plaintiff's suit was not barred by limitation. He reversed the decision of the Trial Court and decreed the suit. 6. The defendant No. 1 preferred a second appeal to the East Pakistan High Court, and it was heard by a Division Bench. The High Court concurred with the Fi......He also held that the plaintiff's suit was not barred by limitation. He reversed the decision of the Trial Court and decreed the suit. 6. The defendant No. 1 preferred a second appeal to the East Pakistan High Court, and it was heard by a Division Bench. The High Court concurred with the First A..

Category: Property Law | Date: | Hits: 82

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....s Judgment Aug. 4, 1975. Cases referred to: Gajraj Sheokarandas Vs.  Hukam Chand Sarupchand AIR  1939 Bombay 90; Province of West Bengal and the Province of East Bengal Vs. Banamali Sen 54 C.W.N. 322, S. B. Das Vs. Motiba Chetty 561.C. 948, and Shantanand ......habad  225; Karuthan Vs. Subramanya 9 Madras 203, In re-Horst Guderian AIR 1931 Calcutta 474, Jagadish Naraia Vs. Mt. Ramaskal Kuer AIR 1929 Patna 97, Mohiuddin Mollah Vs. The Province of East Pakistan, 14 DLR (S.C.) 112. Province of East Bengal Vs. Banaraali Sen and another, 54 C.W.N. 322 a..

Category: Civil Law | Date: | Hits: 103

The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

.... Civil Appeal Nos, 15-D to 17-D of 1971. Judgment: Kemaluddin Hossain, J.—These three ap­peals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases under section 66(2) of the Income-tax Act. As a common quest...... Civil Appeal Nos, 15-D to 17-D of 1971. Judgment: Kemaluddin Hossain, J.—These three ap­peals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases under section 66(2) of the Income-tax Act. As a common question o..

Category: Fiscal/Taxation Law | Date: | Hits: 134

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cine­ma Co., 1976, 5 CLC (AD)

.... Vs. M/s. Gulistan Cine­ma Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata......Vs. M/s. Gulistan Cine­ma Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata Iron..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)

.....— This appeal by Special Leave is against an order of a Single Judge of Dacca High Court setting aside a concurrent order allowing pre-emption by the two courts below under section 96 of the East Bengal State Acquisition and Tenancy Act and dismissing the application for pre-emption filed ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..

Category: Property Law | Date: | Hits: 54

Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)

....ng in force where the tenure or hold­ing is sold in execution of a certificate, for arrears of rent due in respect thereof, the tenure or holding, shall, subject to the provi­sions of section 90 of East Bengal State Acquisition and Tenancy Act 1950, where that section is in force, pass to the purc...... Yunus, 15 DLR (SC) 120 has submitted that the reasons for refusal do not find support from recognised judicial authority. We find the submission of Mr. Nurullah is well founded. The Supreme Court of Pakistan, in the cited decision has repeated the principle laid down by the Judicial Committee of th..

Category: Property Law | Date: | Hits: 82