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Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....ntion to section 1(2) of the said Act which is as follows:— "(2) It extends to the whole of Bangla­desh and applies to all citizens of Bangladesh and persons in the service of the Republic wherever they may be." Mr. Yusuf submits that the said Act applies only to the ci...... company in joint capital in the name and style of "Alauddin and Taiwa Textile Mills Ltd." for establishing weaving and dyeing factory of mainly black cotton umbrella cloth in the then East Pakistan. The said company was incorporated on 7.2.1964 as a private limited company. On 15.4.196 th..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

....2) of P.O. No. 27 of 1972 passed an order of Liquidation in respect of Dhakeswari Cotton Mills Ltd. On 25-1-82 and the Notification in question stands as follows: "Government of the Peoples Republic of Bangladesh Ministry of Jute & Textiles Textile Division. Bangladesh S...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ......cles 44 and 45 provide for appoint­ment of Local Councils Servants. Accor­dingly, the local councils employed various employees. Their terms and conditions of service are governed by the East Pakistan Local Councils Service Rules, 1968 which were framed on 31.12.1968. It was clearly provided..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290   ......sued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in the then East Pakistan. So far this registered deed of gift is concerned, it incl­uded ail the plots of lands ..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....lice Station Dhanmondi, District Dhaka since 1953. The members of the plaintiff- Association have been running their business as allotted under the defendant No. 2, the Government of the People's Republic of Bangladesh represented by the Secretary Ministry of Public Works and Urban Development. ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)

....ted four designs to be used as bath­room fittings made of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People's Republic of Bangladesh. He obtained registration and thereafter became the absolute owner of the sai...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223

Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195.   ...... tenant as provided by section 108 (e) of the Transfer of Property Act was rejected by the learned Judge of the High Court Division who on relaying on a decision of the High Court Division of East Pakistan in Golam Rahman vs. Mrs. Imratannessa, 22 DLR 126 held that the present, being one of comp..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....property. The complainant wants to say that the accused petitioner had no authority to pose himself as the lessor of the premises in question and that he did so with a criminal intention to cheat the Republic. In other words the complainant wants to say that the accused petitioner has no subsisting ......r a careful perusal of the same, all that we have been able to decipher is that pre­mises No.40, New D.O.H.S. Mohakhali, Dhaka belonged to a Behari late Md. Aminuddin who migrated with his family to Pakistan during the liberation war in 1971, leaving the said premises unprotected. Md. Aminuddin lat..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)

....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277.         ...... is squarely on the point. In that case the accused was committed to the Court of sessions for trial on 6.6.63 and the trial commenced with the aid of assessors. By the Provincial Amendment Act (West Pakistan Act XVII of 1964) which came into effect on 1-4-64 the procedure for trial with assessors w..

Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2

Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

....titions No.653 of 1976 and 627 of 1980. 2. In pursuance of the issuance of this contempt Rule, the Secretary, Ministry of Land Administration and Land Reforms, the Government of the Peoples' Republic of Bangladesh, Mr. Azizur Rahman, Deputy Commissioner, Rajshahi Mr. Jetendra Proshad Tancha......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47      ......llants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others V..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......ompany" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of the words "commercial establis..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ...... dated 26th Oct. 1978, as such the hat in question vested in the Government from that date. In this connection reference may be made to the case reported in 25 DLR page 284 in the case of Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others where it was field:— "Hats and bazars b..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)

.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ......a Criminal case, therefore was not a judgment. This view of ours finds supp­ort from a decision in the case of S. Kuppuswami Rao Vs. The King reported in A.L.R. 1949 (F.C) 1. The Supreme Court of Pakistan also took a similar view in the case of Golzar Hasan Shah Vs. Ghulam Murtaza reported in 22..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ......aruddin Chowdhury, 30 D.L.R. 344. 6. In the case reported in 14 D.L.R. (S.C.) 96, the facts are that on a number of dates fixed for hearing of a case against the accused U/Ss. 379 and 465 of the Pakistan Penal Code, no evidence was produced at all by the prosecution and so the trying Magistrate..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......ted instituted Ti­tle Suit No. 76 of 1958 in the 2nd Court of Munsif, at Moulvi Bazar, Sylhet against one Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas pos­session of agricu..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......ground that they having been discharged under sec­tion 209 Cr.P.C. it acted as a bar to a reference for fresh trial. It was under these circum­stances that it was held by the Supreme Court of Pakistan that the consideration that in the case of an order of discharge passed on the merits, fres..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......n passed by the Subordinate Judge was not in accordance with law in view of the fact that the Civil court had no jurisdic­tion to pass an order of injunction in view of the provisions of the East Pakistan Govern­ment and Local authority, Land and Building (Recovery of Possession) Ordinance 1..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......ip;…………(6 &7) Cases Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Ltd. Sramik Union, 25 DLR 242. Lawyers Involved: Abdul Hamid, Advocate—For..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ode in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction." 12. Mr. Huq also referred to a case deci­ded by the Pakistan Supreme Court, namely, Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=P..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400