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Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......al Original Jurisdiction) Present: Shahabuddin Ahmed J Sultan Hossain Khan J Commissioner of Income Tax, Chittagong Zone…………Appellants  Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgment Ap..

Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......n. In the case of Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232, the erstwhile Supreme Court has laid down as follows:- “But in the late Constitution of Pakistan and also in the Constitution of Bangladesh the rule as to alternative remedy has been made ..

Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169     ...... Judges would be violated if any order of attachment is passed immediately after drawing up the preliminary order. This anxiety has led to the Interpretation of the proviso. The Supreme Court of Pakistan in 17 DLR (SC), 392 explained tie effect of proviso by saying :- “A proviso, as ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169.     ...... Judges would be violated if any order of attachment is passed immediately after drawing up the preliminary order. This anxiety has led to the Interpretation of the proviso. The Supreme Court of Pakistan in 17 DLR (SC), 392 explained tie effect of proviso by saying :- “A proviso, as ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250.   ......ncy in favor of Jasmat Sardar the C.S. record must be held to have been wrongly prepared. 8. The case of Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801 went up to the Pakistan Supreme Court and the decision is reported in 17 DLR (SC) at 392. After referring to the hi..

Category: Property Law | Date: 21 Mar, 1978 | Hits: 3

Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)

....ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ff Regulations, is legal and valid.” 2. Appellant Abdul Hannan Sikdar was appointed on April 10, 1957 as a Coin/Note Examiner in Grade-II at the Dacca Office of the erstwhile State Bank of Pakistan on a temporary basis. He was given the benefit of confirmation in the said post on October ..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

...., any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ......cipline) Rules, 1960 which have now been repeated and re-enacted by the Government Servants (Discipline and Appeal) Rules, 1976. The Resolution further provides that the assets and liabilities of the Pakistan Council of Scientific and Industrial Research established by the Government of Pakistan by ..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

.... and 6 as they had already acted upon, and in pursuance thereof rights were created in favour of the petitioner. In support of his contention he has cited Md. Shoib Vs. Government of the People's Republic of Bangladesh (1975) 27 DLR 315. 6. Mr. Mostafa Kamal, the learned Advocate appearing ......e declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was appointed on July 20, 1963 as Assistant Engineer in the then Pakistan Eastern Railway on a temporary basis. Later, his appointment was regularised by an order da..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....ned the rule. 3. Mr. Sirajul Hoq, the learned Advocate appearing for the petitioner has assailed the impugned order mainly on the ground that the petitioner, being a person in the service of the Republic, is protected under Article 135 of the Constitution of Bangladesh but the mandato......is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 217; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Sera..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....ned the rule. 3. Mr. Sirajul Hoq, the learned Advocate appearing for the petitioner has assailed the impugned order mainly on the ground that the petitioner, being a person in the service of the Republic, is protected under Article 135 of the Constitution of Bangladesh but the mandato......t February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Sera..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)

....ce under section 80 of the Code of Civil Procedure was sent on 20-2-58. 3. The Deputy Chief Traffic Manager, East Bengal Railway, filed a written statement for and on behalf of Islamic Republic of Pakistan denying liability and stating, inter alia, that the Customs department seized t......Respondent Judgment January 31, 1978. Result: These appeals are dismissed. Cases Referred to- The Union of India Vs West Punjab Factories Ltd, AIR 1966 (SC) as page 395; Pakistan Eastern Railways Vs. Matiur Rahman and others (1968) 20 DLR 318; Pakistan Vs. Amin Jute Mil..

Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....d Labour Courts itself held that such a notification is necessary. This Act (Service Re-organisation Act) provides that the Government may prescribe any scale of pay for persons in the service of the Republic and employees of Autonomous Bodies. Statutory Corporations, Nationalised Industries by an o......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......d (1964) 16 DLR (SC) 722; Bangladesh Small Industries Corp. Vs. Mahtab Hussain (1977) 29 DLR (SC) 41; A.B.M. Habibur Rahman Vs. Director of Technical Education (19.69) 21 DLR (Dac) 274; Federation of Pakistan V. Raja Md. Afzal Khan (1959) 11 DLR (SC) 45. Lawyers Involved: M.G. Bhuiyan, Nur..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......ivisional Offi­cer, Brahmanbaria and another...............Respondents Judgment November 29, 1977. Result: The appeal is allowed. Cases Referred to- Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue D..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ......bsp;141.” 11. In an unreported case of Mohammad Ali Vs. Dr. M. Abdul Gaffur and others in Civil Revision Case No. 652/67. Abdulla, J. in a proceeding under section 96 of the East Pakistan State Acquisition and Tenancy Act relying upon the above 22 Indian Appeal, 44 has held: ..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ......at Strand Road, Chittagong, and a place of business at 32, Bangabandhu Avenue, Dacca-2. The petitioner took over the business and market assets of Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakistan (hereinafter referred to as "Burmah Shell"), in..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ......6 DLRr 10; R. Johnstone Vs. Archi­bald Law Report (AC) Vol. 7 Pak. 219; Full Wood Vs. Chancery Div. Vol. IX, 176; M/s. Pharmapak Vs. Dy. Registrar 19 DLR 388; Singer Co. Vs. Ahmed Ali 21 DLR 415; Pakistan Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mo­han AIR (19..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......sidered similar question in the cases of Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313 and Sheikh Ayezuddin Vs. Priya Shankar Chowdhury (1954) 6 DLR 505 and the Supreme Court of Pakistan consi­dered this question in Shah Wali Vs. Ghulam Din @ Gamon and Muhammad Din (1967) 1..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......al days and perused the case record including the depositions of the witnesses and the documents proved in this. There is no dispute that the suit land belonged to the Ministry of Defense of the then Pakistan. It comprises two plots, commercial plots Nos. 1 and 2 in the Old Cantonment area at Chitta..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......………………Respondents Judgment August 11, 1977. Result: The Rules are discharged. Cases Referred To- Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; ..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4