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Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....f the Act public servant means a public servant as defined in section 21, Penal Code", and held:-"The true test, therefore, in order to determine whether a person is an officer of the Government, is: (1) whether he is in the service or pay of the Government, and (2) whethe......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. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
.... East Bengal which stepped in the shoes of the Province, of Bengal and it contested the suit. The case of defendant No. 1 which is relevant for our present purpose, inter alia, in brief, was that the Government or any of its officers had no mala fide in July, 1944 one Aswini Kumar Das complained tha......ff was entitled to compensation as soon as the goods were requisitioned and so the plaintiff is entitled to compensation taking in view the condition of the goods at the time of requisition. It is no body's case that the goods were in damaged condition at the time of requisition. So undoubtedly ..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the ......ht of every citizen, wherever he may be, and of every other person for the time being within Pakistan. 2) In particular— a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken accept in accordance with law; b..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....tend to three months or with fine which may extend to five hundred Takas, or with both. (2) A court convicting an offence of hoarding or dealing in the black-market shall order the forfeiture to Government of anything in respect of which the offence was committed. (3) Where an offence of h......r the forfeiture to Government of anything in respect of which the offence was committed. (3) Where an offence of hoarding or dealing in the black-market is committed by a firm, company or other body corporate every partner, director, manager, secretary or other officer or agent there of shall,..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....tta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No......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. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....ary between those plots, he on 13-2-68 made an award, the sketch map forming part thereof. This award was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to......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. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....he "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connection he referred to the case of Public Prosecutor, Government of Pendichari Vs. Abdul Aziz Khan and another, reported in A.I.R. 1970 (Mad)-311. Mr. Cho......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....e is, therefore, requested to take necessary action in consultation with the C.D.A. and send a draft notice for withdrawal of the said land under section 8B of the Act for further action by Government.
Deputy Commissioner's case records relating to L.A. Case No. 21/65/66 received ......on of the Government it had power to pass such an order and no notice was necessary to be served on the petitioner. We are unable to agree with him for the simple reason that when an order affects anybody's right to property the person or authority making such an order is required, to give the p..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
...... the space in question to anyone among the applicants concerned, it cannot abdicate its discretion to others, far less to outside political elements, as was done in the present case. When a statutory body is invested with discretion to do a thing or not to do a thing it must exercise such discretion..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
....ioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (which I will call the said Act) to the then Provincial Government. The secretary Revenue Department, who heard the application on 2-8-69, held the order of......uld have been satisfied because he merely passes the order of requisition at the instance of the Divisional Commissioner who was interested in the property being himself the Chairman of the Governing body of the petitioner College. Moreover, as has been pointed out by the Revenue Secretary, the Depu..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
....rintendent Chittagong Jail………………....For the Petitioner
Judgment
June 26, 1975.
Result:
The rule is made absolute.
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyon......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
..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....er of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order......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
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....risdiction) Present: Fazle Munim J Shahabuddin Ahmed J Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgmen......and it belonged entirely to deceased Moinuddin, it cannot be said that with his disappearance it became ownerless nor could it be held that it was not being occupied, looked after or supervised by anybody. Admittedly, he left heirs of whom the petitioner No. 2 is the mother. In the presence of petit..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
....tened at the time of the occurrence. The plaintiff laid his claim for damages and compensation in respect of various items of injuries at a total sum of Tk. 2 lacs.
The suit was contested by the Government of East Pakistan as well as by the contractor, Defendant No. 2, by filing separate writte......against each other and cannot, therefore, be a proper basis for the finding of the learned Subordinate Judge.
14. There is no denying the fact that the plaintiff received certain injuries on his body on 5. 8.58. He was taken to the Medical College Hospital immediately after the occurrence, wher..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....o. 21 & 22 of 1973
Judgment
Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the Ministry of Industries, ......which the Ministry of Industries, placed some Abandoned Industrial Units under the Sena Kalyan Sangstha, a Government Controlled Organization. The petitioners in these 2 petitions are no other than a body of workers of the respective mills, namely; Eastern Hosiery Mills and Messrs. Gadit Industries,..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....rdinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued ......ion contemplated in section 2(1) of the said Act, the provisions relating to Awards have not become operative in Bangladesh. 31. The legislative cover given by the Pakistan Legislative body to the notification issued by the Government of British India under section 2(1) of t..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....of Bengal and thereafter by the Province of East Bengal, on the allegation that the disputed char was partly a reformation in situ of the lands of, Mouza Kalupura and Char Ananda Part III, which were Government estates, and partly accretions to the said estates. 4. The suit was decreed in part ......tion by means of gradual accession. There are no words which imply the confiscation or destruction of any private person's properly whatever. If a regulation is to be construed as taking away any body's property, that intention to take away ought to be expressed in very plain words or be mad..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....Deputy Custodian of the Enemy Property, One of the opposite parties. 3. Mr. Khondker has raised two points, the first is that the plaintiffs were in substance, challenging an action taken by the Government purported to have been exercised under some statutory power to be null and void, and inco......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from takin......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
.... way of compensation for illegal and wrongful taking of the said money together with charges amounting to Tk. 802/11 /- The total claim thus was laid at Tk. 11.000/-. 4. The defendant, erstwhile Government of East Bengal filed a written statement and contested the suit. The case of the defendan...... it is necessary to determine the true character of the corporate personality for other purposes, such as to determine its tax liability or its quasi criminal liability or as to whether the corporate body is an enemy concern or not, or a mere trustee for certain purposes, the Courts have not hesitat..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
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