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Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......issa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: SR Pal, Senior Advoca..Category: Procedural Law | Date: | Hits: 104
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......5). In the CS Record, it was recorded in the name of Akhanda Kumar Bose and in the SA Record in the name of his son Proddyut Kumar Bose, son of Ajit Kumar Bose. In 1950 the then Government of East Pakistan requisitioned the said property of aforesaid Proddyut Kumar Bose for accommodation of Gove..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....as to cost. Ed. ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ce of an appeal against acquittal, the same cannot be interfered with in the manner aforesaid. 15. There has been, however, a conflict of judicial opinion on the point. The then Federal Court of Pakistan in the case of Shera and 6 others vs. The Crown, 6 DLR (F.C.) 80, by majority judgment endo..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......its discretion may grant or refuse bail and also may stay realisation of the fine. But he contends that attaching any condition to bail is not permitted by law. He has referred to a decision of the Pakistan Supreme Court in an unreported case, Criminal Appeal No.9-D of 1969, in which a similar que..Category: Criminal Law | Date: | Hits: 56
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....lease money of the year 1391 B.S. The order was communicated to the appellant Society by the Ministry's letter dated 28th September 1985. The letter is as follows: "Government of the People's Republic of Bangladesh, Ministry of Land Administration and Land Reforms Section-VII Memo No. VI......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......y v. Emperor, AIR 1930, Mad. 869; Haribhai v. Bhikubhai, AIR 1965, Guj. 70; Nalini v. Anukul, 21 CWN, 640; In re: Parameswaran, ILR 39, Mad. 677 and Hrishikesh Dutt.v. State, 20 DLR 66. So far as the Pakistan Supreme Court and the Appellate Division of the Bangladesh Supreme Court are concerned,..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......se circumstances were sufficient to my mind to consider the question of delay and non-mention of the names of the accused. 6. In the case of Noora V. State PLD 1973(SC) 469, the Supreme Court of Pakistan had the occasion of tracing the Appellate Criminal Jurisdiction of superior courts and ca..Category: Criminal Law | Date: | Hits: 61
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... by section 22 of the Slate Acquisition and Tenancy Act. In discovering this provision of law Government wrote the following letter on 28th November 1960: "Office of the Board of Revenue, East Pakistan Memo.NoJ207-E-80/58-S &S dated the 28th November, 1960. To The Director of Land Recor..Category: Property Law | Date: | Hits: 47
....abuddin Ahmed J
MH Rahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents
Judgment
Ju......ের নির্দেশ মোতাবেক আপনি নোটিস প্রাপ্তির সঙ্গে আপনার 32 Bore Revolver Bearing No. EB-6246 Star Special made in Pakistan, থানায় জমা দিবেন কারণ ইহা সরকার কত..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....uirement of law was not fulfilled. Consequently the notification was rightly declared as to have been made without lawful authority.” 34. These are the pronouncements of the highest Court of the Republic and the view that had been taken in writ jurisdiction of the High Court Division is consi......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ng- (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971 was at war with or engaged in military operations against the People's Republic of Bangladesh; (ii) any property taken over under the Bangladesh Taking over of Contr......ase. There is no hesitation in saying that the property cannot be termed as an abandoned property. Respondent’s property is not abandoned property because he has neither acquired any citizenship of Pakistan nor has ceased to manage his property and his temporary absence is not prejudicial to the i..Category: Immigration and Citizenship Law | Date: | Hits: 214
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment August 25th 1987. ...... individual. In that case respondent Farukhi was given an assurance in respect of the service matter but that assurance was not honoured by the Minister. It was, however, accepted by the President of Pakistan on 1.10.59 and the order was endorsed to the Secretary, Railways and Communications. In the..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......rther contended that the suit is not maintainable as the respondent got no "legal character" which can be declared under Section 42. In support of this contention he has referred to a decision of the Pakistan Supreme Court in the case of M/s. Eastern Mercantile Bank Ltd. v. Mohammad Shamsuddin, 21 D..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......rved till conclusion of peace. Since the Government did not cancel the contract by declaring it against the public interest the contract is alive and the machinery has been provided by the Defence of Pakistan Ordinance namely, the preservation of jurisdiction of Civil Court (section 16). The Civil C..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... Dr. Kamal Hossain v. Mohammad Sirajul Islam, 21 DLR (SC) 23, Darley v. The Queen, 12 Cl & F. 537, King v. Spyer and The King v. Cassel, 1 KB (1916) Vol.1, p. 595, Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966 SC 580. Lawyers Invo..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ...... Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whether the vendors of deceased appellant migrated from the then East Pakistan before the Indo Pakistan war in 1965. The disputed property was mortgaged to a Bank by the predecessors of the vendo..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land when the Pakistani Army started operation in March, 1971 and returned home after liberation of the country o..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......ad valorem court-fees payable on institution of suits. For the purpose of this appeal Schedules of 1960, 1969 and 1981 will be refer red to in this judgment. Schedule I of 1969 was brought in by East Pakistan Ordinance No. I of 1969 and the Schedule 1 of 1981 was brought in by (Bangladesh) Finance A..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna………&h......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
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