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Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ng the public servant would be continuing in service, is a matter to be determined by the State…………….(7) It is true that the petitioner being in service of the Republic immediately before the commencement of the Constitution, is entitled to continue in that se......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: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

..... Md. Saadat Ali Khan—For the Respondents. Writ Petition No. 495 of 1974. In the matter of an application under Arti­cle 102(2) (a) and (ii) of theConstitutionof the People's Republic of Bangladesh. Judgment Ruhul Islam CJ.– In this application the petitioner......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. ......inal deed of partnership stating that the firm was being smoothly run, that out of 6 partners 5 were present in Bangladesh and that the remain­ing partner namely, K.P. Mahmud had been stranded in Pakistan, still the present Respon­dents 1 and 2 were asked to produce certain documents. The do..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....nt of this Order, all suits, appeals, applications and other legal pro­ceedings pending or continuing or deemed to be pending or continuing in any court against the Government of the People's Republic of Bangladesh in which the legality or validity of the State Acquisition and Te­nancy A......he partners were Indian Nationals and did not actually carry any large scale farming. Though the appellant moved the High Court against this order of rejection under Article 98 of the Constitution of Pakistan, 1962 they were unable to get any relief as the question involved which related to the exis..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....ich is as fol­lows: 10.(1) Subject to this Constitution and to any other law— (a) Any person who immediately before the commencement of this Constitution was in the service of the Republic shall continue in that service on the same terms and conditions as were applicable to him i......r had mani­pulated his transfer from Dacca to Sylhet Med­ical College in 1970 when he was serving as Professor of Medicine in collusion with the then Chief Secretary to the Government of East Pakistan who hails from the same district as that of the petitioner. The petitioner has alleged var&..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......t that stage the jurisdiction of the Court of the Magistrate was challenged on the ground that the appellant being a public servant within the meaning of section 98 of the Waqfs Ordinance, 1962 (East Pakistan Ordinance No.1 of 1962) could not be tried by an ordinary Court. The Magistrate ignoring su..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......preme Court Appellate Division (Civil) Present: AFM Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangla­desh) and others..................Appellants (In all the cases) Vs. ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......proceedings, were affected by the amendment of new section 30. In essence there is no distinction between the repealing laws and the laws which merely purport to amend the law. The Supreme Court Pakistan considered this question in the case of Saeed Ahmed Vs. State (1964) 16 DLR (SC) 484 P.L.D...

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ...... The appeal is dismissed. Cases referred to- Aminul Islam Vs. James Finlay Co. Ltd., 26 D.L.R. (S.C.) 33; Khulna News Print Mills Vs. Khulna News Print Employees Union, 25 D.L.R. (S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Union Dacca 13 DLR (S.C.) 280 P..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......Respondents (In both the appeals Judgment May 7, 1976. Result: Appeals are dismissed. Cases Referred to- Gour Chandra Saha Vs. Vice Chairman East Pakistan Enemy Pro­perty, 21 D.LR. 535; M.M. Mansur Ali Vs. Arobinda Shekhar Chatterjee, 21 D.L.R...

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......IR 1963 (SC) 1685; Carlill Vs. Carbolic Smoke Ball Company, 1893 1 Q. B. 256; Brogden Vs. Metro­politan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with ..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... The Rule is, accordingly, made absolute; We, however make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ...... The Rule is, accordingly, made absolute; We, however make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ......Singh, AIR 1932 Privy Council 196: Sridhon Vs. Gordhandas, 26 Bombay 235 ; Hajee Is­mail Sons Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Indus­trial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawy..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......case, I am afraid, would only be an exercise in futility. 7. The learned Advocates could not cite any decision in support of their respective contentions either of this Court or of the then East Pakistan High Court or of the Supreme Court of Pakistan. I have however been able to lay my hands on..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....bsp; the Respondents. S.M. Nurul Alam—For Respodt. Nos. 3-4. Petition No. 1231 of 1974 In tie Matter of:(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under A......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ......14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal Vs. Dadhi Singh, ILR 46 All. 319; PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi Khan; 10 DLR 521, Sreenibash Mukhupad..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ...... accused who is aged 80 years has been in detention since 17-2-1972. In the First Information Report which was lodged on 21-9-72 by one Satya Ranjan Shaha it was alleged that his father was killed by Pakistan Army at the instigation of some persons including late Fazlul Quader Chowdhury and that the..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....inally from the preamble of the agreement for supply of provisions entered into by the petitioner he wanted to show that since the agreement was between the President of the Government of the Peoples Republic of Bangladesh, represented by his duly constituted Attorney (Ex-officio) the commandant, Ma......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ......bsp;J A. S. Faizul Islam Chowdhury J Bacha Meah………………………………....Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eastern Railway Administration…&..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....Fazle Munim J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7