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Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
.... 2. The appellant was appointed mutawalli of the Bhatipara Waqf Estate—E.C. No 11917—and he has been performing his duties as such since 30 April 1974. Three beneficiaries and one member of the public filed a petition against him on 23 November 1981 before the Administrator brin......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......in excess of the claim of the plaintiff as per the plaint, such counter claim is maintainable in law………..(10 and 12) Cases Referred to- United Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 AD; Rai Harendra Nath Chaudhury vs. Rai S......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......her the running of a business, such as launch-plying, could be held to be included among the purposes of this Trust. 5. This very question once before came up for consideration by the Pakistan Supreme Court in a previous case between the same parties, but in respect of two differen......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....rishana Moni Devi, defendant No. 2, but he did not consider her to be the proper person to look after his property on his death. On 3 November 1963 Haricharan Nath executed the will in presence of members of the locality, both Hindus and Muslims, by putting his left thumb impressions on the docu......in the right side of his body about three months before his death and that his only son Rajendra having migrated to India about 15 years ago, Rajendra's daughter and her husband Paresh remained in Pakistan and as such they looked after him. Haricharan had a second wife, Krishana Moni Devi, defen......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....4,50,000/-. 3. After the emergence of Bangladesh, the aforesaid property which under the trade mark name of "Gannys" were being controlled and managed by appellant No. 2 and the members of the staff were taken over by the Government as abandoned property. Properties were ......ent and order of Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Case No. 958 of 1981. 2. Appellant No. 1, M/s. Gannysons Limited was incorporated under the Companies Act in East Pakistan, as it then was, on 19th September, 1962. Appellant No. 2 is a resident Director hold......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....es was passed. 4. So far as the prayer for appointment of receiver was concerned, respondent No. 1 expressed grievance that after the death of their father in 1954, appellant No. 1 as male member and also his guardian took charge of schedules 1 and 2 properties, did not pay anything to t......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....l parties came to a clash in a place called Jogini Hatkhola in the district of Tangail. In that incident one Kallyan Behari Das received dagger blows to which he immediately succumbed. He was a member of the procession brought out by the supporters of the Presidential candidate, Dr. Kamal Ho......aken under clause (c) of section 190 (1) that is, it is not a cognizance taken on the Magistrate's own knowledge of information. I am supported in this view to the fullest extent by a decision of the Pakistan Supreme Court in the case of Falak Sher and others vs. State, 19 DLR (SC) 426. But this cou......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......t to second revision of the impugned order of the learned Magistrate. 12. In the case of Shah Muhammad Vs Haq Nawaz and State reported in 23 DLR (S.C) 14 learned Judges of the Pakistan Supreme Court elaborately considered the jurisdiction of a Magistrate u/s 145 Cr.P.C. when......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......mpugned order illegal……………….(19) Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 1967 Dacca 820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 1955 (Sind) 70; Abdul Majid S......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......8209;storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained s...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......issa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: SR Pal, Senior Advoca......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......5). In the CS Record, it was recorded in the name of Akhanda Kumar Bose and in the SA Record in the name of his son Proddyut Kumar Bose, son of Ajit Kumar Bose. In 1950 the then Government of East Pakistan requisitioned the said property of aforesaid Proddyut Kumar Bose for accommodation of Gove......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....hat in mouza Mukhi P.S. Gaffargaon there is a Mazar or Dargah of Late Hazrat Miskin Shah. There was a managing Committee for the Mazar of which Firoze Shah Fakir 70 (Deceased) and accused Sorhab were members. The latter is an agnatic cousin of the deceased Firoze Shah Fakir. Fakir was also a 'Khadem......ce of an appeal against acquittal, the same cannot be interfered with in the manner aforesaid. 15. There has been, however, a conflict of judicial opinion on the point. The then Federal Court of Pakistan in the case of Shera and 6 others vs. The Crown, 6 DLR (F.C.) 80, by majority judgment endo......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......its discretion may grant or refuse bail and also may stay realisation of the fine. But he contends that attaching any condition to bail is not permitted by law. He has referred to a decision of the Pakistan Supreme Court in an unreported case, Criminal Appeal No.9-D of 1969, in which a similar que......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....aint in writing of such Court, or of some other Court to which such Court is subordinate." Facts of the case are fully set out in the judgment of my brother. The most important fact to remember, however, is that cognizance of offences under sections 467, 468 and 471 has been taken on ......y v. Emperor, AIR 1930, Mad. 869; Haribhai v. Bhikubhai, AIR 1965, Guj. 70; Nalini v. Anukul, 21 CWN, 640; In re: Parameswaran, ILR 39, Mad. 677 and Hrishikesh Dutt.v. State, 20 DLR 66. So far as the Pakistan Supreme Court and the Appellate Division of the Bangladesh Supreme Court are concerned,......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ral character around whom the prosecution case has developed. On the other side there is his counterpart accused-appellant No.2 Akbar Ali Molla.The occurrence was of 1979 when accused Akbar was a member of the Awami league and Chairman of the Local Union Parishad and Mominul Huq, a votary of the......se circumstances were sufficient to my mind to consider the question of delay and non-mention of the names of the accused. 6. In the case of Noora V. State PLD 1973(SC) 469, the Supreme Court of Pakistan had the occasion of tracing the Appellate Criminal Jurisdiction of superior courts and ca......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... by section 22 of the Slate Acquisition and Tenancy Act. In discovering this provision of law Government wrote the following 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...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
.... Fakirhat Upazila Parishad, District Bagerhat in the election held on 16.5.85. He is a leader of the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the Constituent Assembly after the emergence of B......ের নির্দেশ মোতাবেক আপনি নোটিস প্রাপ্তির সঙ্গে আপনার 32 Bore Revolver Bearing No. EB-6246 Star Special made in Pakistan, থানায় জমা দিবেন কারণ ইহা সরকার কত......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
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Category: Criminal Law | Date: | Hits: 88
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......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......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
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