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....
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
......usly filed an objection under
section 47 of the Code of Civil Procedure, namely, Miscellaneous Case No. 36 of
1967, which was dismissed for default, that respondent No 6 has all along been
in Pakistan, that the mortgaged property was not declared enemy property nor
did it vest in the custod..
Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......s of justice. Hamoodur Rahman J. - while considering such a case of acquittal (16 D.L.R (SC) 94) reiterated the principles which have been consistently followed by the Supreme Court of Pakistan for justifying interference with orders of acquittal passed by the High Court. His Lord&sh..Category: Criminal Law | Date: | Hits: 46
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......Act 1930 repÂealed Fishery Act 1897 and by section 3 the Government was empowered to make rules for protection of fish and the breach of any such rule is to be visited by penalties. In 1959 the East Pakistan Government Fisheries (Protection) Ordinance 1950 was promulgated and by section 3 the Gover..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......espondent assessee on account of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was execute..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ial Development Bank of Pakistan for payment of certain instalments to be paid to the foreign ship-builder was "loan" was raised. Section 39(1) of the Industrial Development Bank of Pakistan Ordinance 1961 provided that 'where an industrial concern fail to repay such loan by ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......roceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and the Indian Supreme Court in the ..Category: Property Law | Date: | Hits: 86
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......e Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent upto 1956. Then he left Pakistan leaving the land in suit in the custody of his constituted attorney Mr. Ashutosh Datta Roy,..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask & Co. 44 CWN 70â..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......In these circumsÂtances, the defence case of false implication appears to be quite probable. We, therefore, respectfully agree, as a correct exposition of law, with the following observations of the Pakistan Federal Court in the case of Safdar Ali Vs. Crown, 5 DLR (FC) 107 and feel no hesitation to..Category: Criminal Law | Date: | Hits: 56
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......he case, so far necessary for disposal of this appeal, are given below: The appellant's father Aminuddin took lease of a piece of land in Dhaka Cantonment Area for 99 years from the then President of Pakistan in 1966 and constructed a house thereon which was numbered as Premises No. 40. Mohakhali (N..Category: Tenancy Law | Date: | Hits: 108
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......port of his contention that in the facts of the case the old provisions do not apply and the trial without assessors was valid, be has referred to and relied upon the decision of the Supreme Court of Pakistan in the case of Mohammad Alam Vs. The State reported in (1967) 19 DLR (SC) 242. 7. Mr. Ah..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....by him. The order as given below, discusses the dispute between one claimants in detail: "Before the Joint Secretary, Ministry of Land Administration and Land RefoÂrms, Government of the People's Republic of Bangladesh, Section-VII. File No. 205/76 H.B. Abdul Mannaf Khan, Ex-Chairman and o...... 140 (AD); Secretary of State vs. Tameside, (1976) 3 All E.R, 665; Batuk vs. Surat Municipality, AIR 1953, Bom. 133 (PLD I956 SC) (India) p. 13; Northumberland All E.R, 152 1 KB 338; Province of East Pakistan vs. Hajee Md. Zaman, PLD 1960 Karachi 1908; Kali Charan Das and others vs. Tamiruddin 10 DL..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......e point which, in order to give as well as derive true insight into the problem arising out of contempt of Court, need consideration. In the case of Yusuf Ali Khan Vs. The State, PLD 1970 SC 35J, the Pakistan Supreme Court in dealing with the question of acceptance of apology observed that "an apolo..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Cases Referred to- Colquhoun Vs. Brooks ( 1889) 14 App. 493; Canada Sugar Refining Co. Vs K. (1898) A.I. 731; K. K. Shrivastava Vs. Bhupendra Kumar AIR 1977 SC 1703 ; Murree Brewery Co. Vs. Pakistan, PLD 1972 S.C. 27 ; Md. Husain Munir vs. Sikandar, PLD 1974 SC 139 ; 9 ILR (1827) 21 Bom. ..Category: Election Law | Date: | Hits: 154
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......on material issue requiring filing of such petition much earlier, disentitles the plaintiff to get such amendment. The appeal is dismissed……..(27) Cases Referred to- Province of East Bengal (Pakistan) Vs. Nirode Behari, (1960) 12 DLR 339; Ratantilal Chakravarty vs. Shomnath Chakravarty. (19..Category: Fiscal/Taxation Law | Date: | Hits: 80
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
.... This Case is also Reported in: 38 DLR (AD) (1986) 81. ...... All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of India, AIR 1969 Cal. 95, Pakistan Vs. Naseem Ahmed, (1962) 14 DLR (SC) 169=PLD 1961 SC 445; State Vs. Dosso, (1959) 11 DLR (S..Category: Employment/Service Law | Date: | Hits: 124
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......, namely, Abdul Rauf and others Vs. Abdul Hamid Khan and others, (1965) 17 DLR (SC) 550 and Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legis..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......on of this section by the Privy Council in Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89)." In that case the Supreme Court considered the evidence and dismissed the appeal. The Supreme Court of Pakistan in the case of Ramzan Ali Vs State reported in (1968) 20 DLR (SC) 49; PLD 1967 (S.C.) 545 o..Category: Criminal Law | Date: | Hits: 62
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......; Muhammad Abdullah Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declarat..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ...... Dacca and the Income-tax Officer, Companies Circle II and arise out of three writ petitions filed by the respondent, a Company registered under the Companies Act, in the erstwhile High Court of East Pakistan. In the writ petitions the respondent challenged assessment year’s 1960-61, 1963-64 and 1..Category: Fiscal/Taxation Law | Date: | Hits: 77
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