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Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......Order, 1972), clause (1) of article 6 whereof empowered the said High Court also to hear and determine proceedings that were pending in the High Court at Dacca, i.e., the erstwhile High Court of East Pakistan. 2. Both the Provisional Constitution of Bangladesh Order, 1972 and President's Order No......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......Hence the learned Munsif decreed the suit. His decree was affirmed on appeal by the learned Subordinate Judge. The defendant thereupon took a second appeal to the erstwhile High Court of East Pakistan and a learned single Judge of the High Court Division dismissed the appeal on a considerat......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
.... firm" and "enemy property". The terms "enemy subject" included any individual-who possesses the nationality of a State at War with Pakistan, the term "enemy firm" included any company of which any member, share holder or officer is an enemy subject and which is carrying on business in Pakistan an......Jabir, J.— This appeal, by special leave, arises out of judgment and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notifi......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......t March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Mehboob Ali Malik Vs. The Province of West Pakistan (1963) 15 DLR (WP) 129, P.L.D. 1963 (WP); Government of West Pakistan Vs. Begum Agha Abdul......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ondent No. 1. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Criminal Appeal No.10-D of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......mdash;For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 1967). Judgment ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......nstructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case No. 414 of 1970) Ju......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......nbsp; Muhammad Abdullah Jabir, J.—These two appeals arise by special leave out of a single judgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... but such consideration should not deflect a Court from its duty to interpret law in the light of manifest intention of the legislature. We may here aptly refer to the views of the Supreme Court of Pakistan, with which we respectfully agree, that was expressed in the case of Md. Ismail and others ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....l bodies and, as such, the proceeding relating to election to Parliament are also different from those relating to election to local bodies. If there is a death of a validly nominated candidate for membership of Parliament, who has not withdrawn his candidature, the proceedings relating to that ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ...... 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......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... 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 ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....una Oil Company Ltd., a private limited company incorporated under the Companies Act, 1913 is required to hold the Annual General Meeting of the Members, or is a special type of 'one-member Company' established under section 8(2) of the Petroleum Act of 1974 and that Bangladesh Pet......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......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. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....nd originally belonged to the appellant Baitul Aman Co-operative Housing Society Ltd. a registered Society under the Bengal Co-operative Societies Act 1940 and proforma-defendant No. 3 being a member of the society got allotment of the suit land for consideration who in his turn sold it to ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... 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......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......n. Mr. Ahmad Sobhan referred to Article 102 of the Constitution and canvassed that such direction is not contemplated by the Constitution. He has referred to a decision of the Supreme Court of Pakistan reported in PLD 1970 SC 495. In that decision a question of salary for the period of dism......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......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......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......by any process of law. This Division observed: "The learned Judges of the High Court Division wrongly concluded that the tax demanded from the appellants is debt due to the Government of the then Pakistan 'and became a debit of the Government of Bangladesh." This Division took the view: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......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......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....who on the basis of having at any time been in the service of Pakistan purports to claim any right to employment in the service of the Republic, but does not include any person who— (i) is a member of any defence service, (ii) is a teacher or employee of any University, (iii) empl......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; ......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
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