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Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....onal Sessions Judge overlooked the provision of law inas­much as after the promulgation of P.O. 7 of 1972 dissolving local Council and Municipal Committees the Government of the Peo­ple's Republic of Bangladesh by an Extra Ordinary Gazette Notification dated 20th November, 1972 appointed......s rea­sons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fee, prefer an application for revision, in the case of West Pakistan to the Collector, in the case of East Pakistan, to the Sub-Divisional Officer concerned and..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......of the same police report, even if it is a final report, and such cognizance falls within clause (b) of sub­section (1) of section 190 Cr.P.C. This point has been clearly stated and clarified by the Pakistan Supreme Court in the case of Falak Sher Vs. State, (1967) 19 DLR 426 (SC). The Magistr..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......rdance with that other rule and at a time when the said rule was actually in force.'' In the case of State Vs. Mohammed Jamil, 20 D.L.R (S.C.) 315 it was observed by the Supreme Court of Pakistan: "The general principle seems to be that alterations in procedure are retrospecti..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....on of the detenu under section 3(2) of the Special Powers Act, 1974. The order of the detention passed by the District Magistrate, Chittagong is as follows:- "Government of the People's Republic of Bangladesh, Office of the District Magistrate, Chittagong, No.1919/J.M, dated, Chittagon......ferred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249; Gholam Jilani Vs. Govt. of West Pakistan, 19 DLR (SC) 403; Humayun Kabir Vs. The State, 28 DLR 259; Liver Siege Vs. Anderson, 1942 A..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......r that this Court exer­cises admiralty jurisdiction by virtue of specific legislation of Imperial Parliament and the Indian Legislation Council; the High Court of Bengal or the High Court of East Pakistan or the High Court Division of the Supreme Court of Bangladesh has never exercised Admiralty..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. .......Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali H..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ...... Hiralal Das and others Vs. Crown, (1951) 3 DLR (Dhaka) 383; Padam Prashad Vs. Emperor, AIR 1929 Cal.617 (SB); Emperor Vs. Lalji Rai, AIR 1926 (Patna)11; Anwar Hussain Talukdar Vs. Province of East Pakistan, 12 DLR (Dhaka) 615; Ismail Sarkar Vs. State, 33 DLR 320; Nazir Ahmed Vs. The State, AIR 19..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

.... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habi..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

.... (i) any property owned by any person who is a citizen of a State which a any time after the 25th day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh; (ii) Any property taken over under the Bangladesh (Taking over of ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7.   ......oceeding and a detail hearing given to a dismissed employee. 18. There is no substance in this conten­tion as this is not the position under the law. On a reference to section 30 of the East Pakistan Intermediate and Secondary Education Ordinance, 1951 it is seen that sub­section (1) of..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ing both principal and interest accrued up to date of filing the application. Respondent No. 1 succeeded, under the above-mentioned President's Order No. 128 of 1972, to the undertaking and assets of Pakistan Industrial Credit and Investment Corporation hereinafter referred to as "THE PICIC". Facts ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ......ee respectively. The Chatteswari Temple Development Committee was formed in 1972. The Shebayets propose to sell the property of the schedule for the improvement of the temple which was damaged by the Pakistan Army during the liberation war in 1971. The plaintiff offered to purchase the suit land on ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......y way of compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one year from 28.9.69 to 23.9..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......istrate and three persons were discharged. 8. In the case reported in 14 DLR page 96 in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another wherein it was held by the Supreme Court of Pakistan: An express bar to fresh proceedings was not essential when the law provides for the exerci..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ......f Enemy Property.............Respondent Judgment March 4, 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and oth..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ......t land. In this regard, I may refer to the decision reported in 16 DLR page 287 (Mir Laik AH Khan Vs. Stan­dard Vacuum Oil Com) wherein it has been held by their Lordships of the Supreme Court of Pakistan as follows: "In the absence of some rebutting circumstances, a person in possessi..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ......injunction and the suit was dismissed on 30.5.61 and the same was also affirmed by the lower appellate Court on 26.12.61 and the plaintiffs took S.A. No.105 of 1962 in the High Court of the then East Pakistan and the learned Single Judge by his judgment and decree dated 23.8.65 decreed the suit hold..

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

.... 28th February, 1972. Article 3 of P.O. No. 16 of 1973 reads as follows: “A public prosecutor shall upon the Government Certifying that a case against any person in the service of the Republic or against any person for or on account of or in respect of any act done by them during the......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ......fter called the appellant defendant) /or specific performance of contract contained in the agreement Ext. 1 dated 17.8.70 which devolved on appellant defendant No.1 from Imperial Chemical Industries (Pakistan) Limited. On 17.8.70 the plaintiff firm entered into an agreement to purchase the suit prop..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8