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Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......the allegation that such an entry was brought into existence by taking advantage of the absence of the heirs Faizuddin Haji from the locality. Under sec­tion 144A which was introduced by the East Pakistan Ordinance No. VIII of 1967 every en­try in a record of rights prepared or revised, unde..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....ellip;………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Bangladesh and others........................................Respondents Judgment ......in litigations were pending in connection with the land. It was mentioned that his father-in-law had made a gift to his wife by cheque No. DFA 205371 dated 22-4-65 for Rs. 150001- of National Bank of Pakistan and also Rs. 20001-in cash. He disputed the costs of the construction of the Gulshan house ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......ha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

....risdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others...........Respondents Judgment July 8, 1977. Resu......gment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....nd Screening Board under Article 5(a) of the President's Order No. 67 of 1972. Against the aforesaid order of removal the petitioner made a representation before the President of the People's Republic of Bangladesh praying for justice but no reply was given to him. 3. On these facts the......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... Court High Court Division (Civil Revisional Jurisdiction) Present: K M Subhan J ATM Afzal J Tasir Ahmed and others………………Petitioners Vs. People’s Republic of Bangladesh represented by the Deputy Commissioner, Barisal…………………Responden...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this Act, be imported into or exported from Pakistan contrary to such prohibition or restriction, and the punishment prescribed in 3rd column is..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....g the case within the scope of prejudicial act as enumerated in rule 2(e) and as such he cannot be described as the miscreant endangering public security no less injuring the interest of People's Republic of Bangladesh.” These observations are based on an erroneous conception and it i..................................................OppositeParty Judgment June 21, 1977. Result: The Rule is made absolute. Cases Referred To- Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of We..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....nwarul Huq Chowdhury, Deputy Advocate General—For the Respondents. W.P. No. 98 of 1974. In the Matter of An application under Article 102 of the Cons­titution of the People's Republic of Bangladesh. Judgment Shahabuddin J.— This rule under Article 102&nb...... been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S. 2. There is no dispute that the land in question was declared an enemy property under the Defense of Pakistan Rules whereupon the petitioner went into possession of the land on the basis of a year to y..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......or such determination does not arise unless the police submits chalan under section 173.” The above noted observation of the Lahore High Court got the approval of the Supreme Court of Pakistan in the case of Falak Sher and another Vs. The State, (1967) 19 D.L.R. (S.C.) 426. 14. ..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......allik, Advocate on-record—For Respondent No.3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appellate Decree No.181 of 1954). Judgme..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ......e taken against the minors as such. Thus, the said decisions are not applicable in the facts of this case. So far as a Division Bench Judgment by A. Sattar and M. R. Khan, JJ. of the Supreme Court of Pakistan reported in 21 D.L.R. (S C) 444 is concerned, it appears that in this case action was taken..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Amin Jute Mills Ltd.......................................Petitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents Judgment May 5, 1977. Result: The rul..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......by the Dacca High Court in Reference Case No.17/66). Judgment Debesh Chandra Bhattacharya J. — This appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the as..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ....... Ispahani, it appears that a similar question was raised before a Division Bench. The Division Bench has taken the view that the Labor Court trying a complaint under section 25 of the East Pakistan Employment of Labor (Standing Orders) Act, 1965 is a court of civil jurisdiction; and that ..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....osed of by the Appellate Division, subject to the right of the Government of Bangladesh to ask for abatement of the petition or the appeal. On 16th December, 1972 the Constitution of the People's Republic of Bangladesh came into operation. The Constitution provided for the creation of a Supreme......1972 in Appeal from Original Order No. 19 of 1970.) Judgment Kemaluddin Hossain J. — The short point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......after a lapse of, 6 months filed a fresh complaint on the same facts and upon the same allegations. Mr. Mirza Golam Hafez in support of his contention has relied on a decision of the Supreme Court of Pakistan in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96. In..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149.         ......gation Company. Plaintiff respondent No. 2 the insurer of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... (AD) (1978) 260. ..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....omith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment Fe......in the Department of civil Supplies under the Government of East Bengal and on deputation from the establishment of the Town Rationing Officer at Narayanganj he was taken in the 37th Battalion of the Pakistan National Guards and served therein from 26th February, 1951 to 31st January, 1952 and held ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1