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Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....ix years, and whether the High Court Division erred in law in not considering that the Civil Court had no jurisdiction to entertain the suit in view of Art. 117(2) of the Constitution of the People's Republic of Bangladesh and the Administrative Tribunal Act, 1980. Subsequently the appellant filed a......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
....eturning Officer, District Education Officer-in-charge, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), ......est Bengal, AIR 1954, SC 424; Panduranga Rao vs. Andhra Pradesh Public Service Commission, AIR 1963, SC 268; State of Madhya Pradesh Vs. Mandawar, AIR 1954, SC 493; Jibendra Kishore Vs. Prov. of East Pakistan, 9 DLR SC 21; Charanjit Lai. Vs. Union of India, AIR 1951 SC 41; Lachhman Das. Vs. The Stat..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... of Abdul Kader Sarder in 1956 nobody claimed ownership of the suit holding. Thereafter somebody demanded rent as representative of the heirs of late Mr. Zakir Hossain, Ex-Governor of the then East Pakistan on the plea that they exchanged their property in India with the owner of the suit holding ..Category: Others | Date: | Hits: 96
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....ch sale of milk products. General Manager is the Chief executive and it is managed by Managing Committee and controlled by the Registrar of Co-Operative Societies of the Government of the People's Republic of Bangladesh. Respondent is a registered Trade Union under the Industrial Relation Ordina......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......provision, consent may be implied from their conduct…………………….(15) Cases Referred to: Haji Gholatn Mohyuddin vs. Federation of Pakistan PLD 1967 Lah 204; Seth Shabhu Nath vs. Sm. Surja Devi, AIR 1961 All. 180; Ganesh Chandra M..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... "The Company"), and respondent Nos. 2-6 for recovery of the debt along with accrued interest amounting to Tk.3,49,14,738.70. Appellant as principal debtor obtained the loan from the National Bank of Pakistan under the cash credit limit of Taka 4 crores and overdraft limit of Taka 33 lacs against th..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......ed the D. I. T., Registrar of Firms, I.D.B.P. and other concerned, authorities for taking necessary action following the dissolution of partnership; that in 1971 the defendant went to the then West Pakistan for treatment with the members of his family and he was stranded there and consequently the..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintiff-appellants came to know that suit property was requisitioned by the Government of East Pakistan as it then was but it could not lake possession of the suit premises by evicting the plain..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ....... 18. As regards the second case relied upon by Mr. Pal, nothing new has been said therein excepting what has been observed by the Judicial Committee of the Privy Council and the Supreme Court of Pakistan in respect of the amendment of the pleadings. Besides, this case has already been considere..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......ublic policy to make a trade of felony or compromise an offence which is not compoundable in law and that an agreement to that effect is wholly void. He further noticed a decision of the West Pakistan High Court wherein it was held that in order to settle the dispute between the parties con..Category: Property Law | Date: | Hits: 42
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ...... been unsuccessful in the lower Court to patch up the weak parts of his case and fill up omissions in the appellate Court." 8. In the case decided by the Supreme Court of Pakistan the aforesaid observations of the Judicial Committee cautioning against allowing an u..Category: Property Law | Date: | Hits: 34
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......in excess of the claim of the plaintiff as per the plaint, such counter claim is maintainable in law………..(10 and 12) Cases Referred to- United Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 AD; Rai Harendra Nath Chaudhury vs. Rai S..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......her the running of a business, such as launch-plying, could be held to be included among the purposes of this Trust. 5. This very question once before came up for consideration by the Pakistan Supreme Court in a previous case between the same parties, but in respect of two differen..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......in the right side of his body about three months before his death and that his only son Rajendra having migrated to India about 15 years ago, Rajendra's daughter and her husband Paresh remained in Pakistan and as such they looked after him. Haricharan had a second wife, Krishana Moni Devi, defen..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....and sale of the mortgaged properties in the 3rd Court of Subordinate Judge, Dhaka against the following: (1) M/s. Gannysons Ltd., 35-36 Bangabandhu Avenue, Dhaka. (2) The People's Republic of Bangladesh, represented by the Secretary, Ministry of Works and Housing. (3) T......ent and order of Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Case No. 958 of 1981. 2. Appellant No. 1, M/s. Gannysons Limited was incorporated under the Companies Act in East Pakistan, as it then was, on 19th September, 1962. Appellant No. 2 is a resident Director hold..Category: Property Law | Date: | Hits: 47
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....duty bound to obey the law and the orders of the court but it is their constitutional obligation to do so, inasmuch as, the constitution enjoins upon all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court." 12. As to why such officers as the appellant ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......aken under clause (c) of section 190 (1) that is, it is not a cognizance taken on the Magistrate's own knowledge of information. I am supported in this view to the fullest extent by a decision of the Pakistan Supreme Court in the case of Falak Sher and others vs. State, 19 DLR (SC) 426. But this cou..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......t to second revision of the impugned order of the learned Magistrate. 12. In the case of Shah Muhammad Vs Haq Nawaz and State reported in 23 DLR (S.C) 14 learned Judges of the Pakistan Supreme Court elaborately considered the jurisdiction of a Magistrate u/s 145 Cr.P.C. when..Category: Criminal Law | Date: | Hits: 75
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. ......mpugned order illegal……………….(19) Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 1967 Dacca 820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 1955 (Sind) 70; Abdul Majid S..Category: Employment/Service Law | Date: | Hits: 105
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......8209;storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained s..Category: Criminal Law | Date: | Hits: 57
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