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Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......on since the Government has not applied under President's Order No. 69 of 1972 for abatement, it should be deemed that the GoÂvernment has assumed the liabilities of the erstwhile Government of East Pakistan. It is true that under Article 4(1) of President's Order No. 69 of 1972, all legal proÂ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......n writing refusing to renew the registration of the firm. Thus the foundation of the High Court Division's judgment is shaken considerably because it is not warranted by law. 9. In 1962 Pakistan also framed rules and rules 2 to 7 of 1962 Rules are to the same effect. The material por..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......by B, C. Panday, Advocate-on-Record—For the Respondent. Civil Appeal No. 3-D of 1971. (From the Judgment and Order dated 29th November, 1968 of the High Court of East Pakistan in Civil Rule Nos. 1286 and 1313 (Rule) of 1968). Judgment: &n..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ed licence to the appellant for one year with effect from 1st Baishak, 1379 B.S. in exercise of the power conferred under clause (iii) of the proviso to subsection (3) of section 2 of the East Pakistan Hats and Bazars (Establishment and Acquisition) Ordinance, 1959 East Pakistan Ordinan..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appe...... Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment April 29. 1980. Cases Referred to- Jalil Ahmed vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968)20 DLR (..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......es for giving relief to indebted agricultural tenants which were incorporated in the amended section 26G were not consiÂdered to be necessary to be included in secÂtion 95 at the time when the East Pakistan State Acquisition and Tenancy Act was enacÂted or where the legislature lost right of thos..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Banglade......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....re therefore to look into the relevant municipal laws on the subject. 7. First of all, in Article 143 (1) (6) of the Constitution of Bangladesh, it has been proviÂded that there shall vest in the Republic in adÂdition to any other land or property lawfully vested in it, "all lands, minerals and......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......as found to have been actually expended for necessary mainteÂnance and charitable purposes. The reason of such assessment is that the income was not expended or set apart for being expended withÂin Pakistan but remained 'surplus' as such, it is taxable under the second proviso to the exemption cla..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....d the court also held that it was not recovered from his possession, Because of this finding the subsequent proseÂcution on this issue is barred but the gold being an unclaimed property vests in the Republic under Article 143 of the Constitution. In the result the appeal is allowed, the impugned......nd as he had no licence or authority to keep in his possession this huge quantity of gold he was prosecuted and put on trial before a Magistrate, first Class on a charge under secÂtion 6 of the East Pakistan Control of EssenÂtial Commodities Act, Act 1 of 1956, read with East Pakistan Gold (Procur..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......R (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....main suspended, (vii) Part VI A of the Constitution stood omitted (vii) This Proclamation could be amended by Order of the Chief Martial Law Administrator. Cases Referred to- Zafur-ul-Ahsau vs. Republic of Pakistan (1960) 12 DLR (SC) 9, PLD (1960) (SC) 113; Garduner vs. Lucas (1878) 3 Appeal c......ed, (vii) Part VI A of the Constitution stood omitted (vii) This Proclamation could be amended by Order of the Chief Martial Law Administrator. Cases Referred to- Zafur-ul-Ahsau vs. Republic of Pakistan (1960) 12 DLR (SC) 9, PLD (1960) (SC) 113; Garduner vs. Lucas (1878) 3 Appeal case 582 (603..Category: Criminal Law | Date: | Hits: 294
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......on Court set up with the Additional District Judge, 3rd Court, Dacca under the Land Acquisition Act, 1894 acted as the ArÂbitrator in the case. The claim was contested by the then Government of East Pakistan conÂtending that the claim was highly inflated; that the Deputy Commissioner awarded a fai..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......hallenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service on the ground of misconduct. His case in short is that he joined the service of the then Pakistan CounÂcil of Scientific and Industrial Research LaÂboratories, Karachi in the year 1962 as..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......h 7, 1978 passed by the High Court Division in Writ Petition No. 98 of 1977. 2. Facts in short necessary for disposal of the appeal are: The appellant was appoÂinted as Assistant Engineer in East Pakistan Railway on July 20, 1963 on a temporary basis and his service was regularised by an order d..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... entertaining 'narajee' filed by the complainant. According to him the contention is fortified by the decision reported in 29 D.L.R. (SC) 256. He also referred to a deciÂsion of the Supreme Court of Pakistan in the case of Abul Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 19..Category: Criminal Law | Date: | Hits: 48
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ...... “(ga) Mul bibadigon parospar sarojantrer o jogajog e milito hoia nalish nimno ditio tapsiler bhumi o wakf thaka kalponai ukto bhumi samporke 1 no mul bibadir mutawalli thaka prochar e East Pakistan Wakf Administrar er office e je prabonchik, o kalponik, Mitha o vittihin , jogajog mulok, ..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is deÂclared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......rn, sold the same to Kamini Kumar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....QBD 530; 12 QBD 79; the State of Bomby Vs. Nilkanth Shripad Bhave and another reported in AIR 1954 Bom. 65; Hutchinson Vs. Jauncey. (1950)Â IRB 574; Gardener Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 ...... 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; AIR 1945 PC 48; AIR 1946 PC 169; Salimuddin Ahmed Vs. The State (1976), 28 DLR 187; PLD 1964 SC 266; 29 DLR SC 101; Syed Ahmed Vs. State, the Supreme Court of Pakistan; Akhtar Hossain Khan Vs. The State (1977)29 DLR SC 101; Emperor-versus-Nazir Ahmed, A.I.R. ..Category: Criminal Law | Date: | Hits: 66
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......Ekhlasuddin and they had long-standing enmity with the accused appellants. 16. This is not an unusual phenomenon in murder cases from rural areas and as early as in 1963 the Supreme Court of Pakistan highlighted the problem of appreciation of evidence in such types of cases in the case of ..Category: Criminal Law | Date: | Hits: 60
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